Regular Session - May 23, 2017

                                                                   2839

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 23, 2017

11                     3:24 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2840

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Venerable 

11   Ru Yang, abbess of the International Buddhist 

12   Progress Society-New York, in Flushing. 

13                ABBESS RU YANG:  A Prayer for 

14   Blessings on Our Nation, by Venerable Master 

15   Hsing Yun, the founder of Fo Guang Shan Buddhist 

16   Order.

17                O great compassionate Buddha!  With 

18   the greatest sincerity, we would like to express 

19   our gratitude for your wisdom and guidance.  

20   Please teach us to appreciate your blessings.  

21   Throughout our communities, may we strive to 

22   make education equally available, raise the 

23   standard of living for all people, support the 

24   advancement of science and technology, and 

25   maintain freedom and democracy in our politics.


                                                               2841

 1                O great compassionate Buddha!  We 

 2   know that the road to success and happiness is 

 3   often blocked by our greed, anger and ignorance.  

 4   We pray for your great support.  May we grasp 

 5   the concept of cause and effect.  May we develop 

 6   hearts of patience and tolerance.  May we learn 

 7   the path to clear and wise foresight and live 

 8   with compassion and loving kindness.

 9                O great compassionate Buddha!  We 

10   pray for your blessings.  May we create 

11   favorable causes and conditions to live together 

12   in safety and peace.  May our society be 

13   steadfast and prosperous and our bodies and 

14   minds healthy and carefree.  

15                O great compassionate Buddha, 

16   please accept this prayer for our country!  

17                O great compassionate Buddha, 

18   please accept this prayer for our country!  

19                May Buddha bless everyone.  Thank 

20   you.

21                ACTING PRESIDENT GRIFFO:   I would 

22   ask everyone to please remain standing, to pause 

23   in a moment of silence and solidarity with the 

24   British people and for all those who lost their 

25   lives in the despicable act of terror yesterday 


                                                               2842

 1   in Manchester, England.

 2                (Whereupon, the assemblage 

 3   respected a moment of silence.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   reading of the Journal.

 6                THE SECRETARY:   In Senate, Monday, 

 7   May 22nd, the Senate met pursuant to 

 8   adjournment.  The Journal of Sunday, May 21st, 

 9   was read and approved.  On motion, Senate 

10   adjourned.

11                ACTING PRESIDENT GRIFFO:   Without 

12   objection, the Journal will stand approved as 

13   read.

14                Presentation of petitions.

15                Messages from the Assembly.

16                Messages from the Governor.

17                Reports of standing committees.

18                Reports of select committees.

19                Communications and reports of state 

20   officers.

21                Motions and resolutions.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Yes, on 

24   page 63 I offer the following amendments to 

25   Calendar 964, Senate Print 2139, by 


                                                               2843

 1   Senator Serino, and ask that the bill retain its 

 2   place on the Third Reading Calendar.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on third reading.

 6                SENATOR DeFRANCISCO:   I now would 

 7   like to move to adopt the Resolution Calendar, 

 8   with the exception of Resolution 2355.

 9                ACTING PRESIDENT GRIFFO:   All in 

10   favor of adopting the Resolution Calendar, with 

11   the exception of Resolution 2355, signify by 

12   saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT GRIFFO:   Opposed?  

15                (No response.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Resolution Calendar is adopted as indicated.

18                Let me ask for some -- we have a lot 

19   of guests here today, and a full chamber.  So I 

20   would ask that we continue to keep silent so that 

21   we can conduct the business of the Senate and to 

22   allow the stenographer to be able to hear all 

23   that's taking place.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   Speaking of 


                                                               2844

 1   the packed chamber, we're visited by the Students 

 2   Inside Albany, and they're sponsored by the 

 3   League of Women Voters.  And I would ask that you 

 4   please welcome them.

 5                ACTING PRESIDENT GRIFFO:   We would 

 6   like to extend a warm welcome to the students who 

 7   are visiting with members of the Senate today.  

 8                We congratulate you on being 

 9   selected and your interest in state government.  

10   We extend the courtesies of the chamber to you.  

11   And we'd ask that you all rise or wave as you're 

12   recognized by the members of the Senate.

13                (Standing ovation.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   DeFrancisco.

16                SENATOR DeFRANCISCO:   Yes, can we 

17   take up previously adopted Resolution 1965, by 

18   Senator Gallivan, read the title only, and call 

19   on Senator Gallivan to speak.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 1965, by Senator Gallivan, 

24   memorializing Governor Andrew M. Cuomo to 

25   proclaim May 21-27, 2017, as Emergency Medical 


                                                               2845

 1   Services Week in the State of New York, in 

 2   conjunction with the observance of National EMS 

 3   Week.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Gallivan.

 6                SENATOR GALLIVAN:   Thank you, 

 7   Mr. President.

 8                We know that across our great state 

 9   from Buffalo to Albany, Watertown to New York 

10   City, citizens receive lifesaving treatment every 

11   day from men and women who have dedicated 

12   themselves to emergency medical services.  More 

13   than 50,000 emergency medical service providers 

14   respond to calls for help in communities across 

15   New York State.

16                Some of these professionals from my 

17   district are with us today, and I'd like to 

18   welcome them.  They represent CHS Mobile 

19   Integrated Health Care and AMR, American Medical 

20   Response, in Monroe and Livingston counties.  And 

21   we thank you for being here, and I ask everybody 

22   to welcome them.

23                They are among the emergency medical 

24   service personnel across the state who serve on 

25   the front line of healthcare, providing emergency 


                                                               2846

 1   care wherever needed, 24 hours a day, 365 days a 

 2   year.  They help our fellow New Yorkers when they 

 3   need it most, when they or a loved one are sick 

 4   or injured.  For some, emergency medical services 

 5   is a career.  Others do it as volunteers.  

 6   Nonetheless, all are highly trained and skilled 

 7   in answering the approximately 2.8 million calls 

 8   made in New York State each year.  

 9                Because of their service and 

10   sacrifice, it's appropriate that we recognize the 

11   contribution of emergency medical service 

12   professionals everywhere in the state by 

13   proclaiming this Emergency Medical Services Week 

14   in the State of New York.

15                The theme of this year's celebration 

16   is "EMS strong, always in service."  We thank 

17   them for their dedication to keeping our 

18   communities safe, and we thank you for always 

19   being in service.

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Gallivan.

22                We extend a warm welcome to all 

23   those from the emergency medical services 

24   community who are with us today.  We again extend 

25   our grateful appreciation for the hard work that 


                                                               2847

 1   you do on behalf of all of the residents of the 

 2   State of New York and the communities across 

 3   New York.

 4                Please rise and be recognized.

 5                (Standing ovation.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   DeFrancisco.

 8                SENATOR DeFRANCISCO:   Yes, can we 

 9   now take up Resolution 2355, by Senator Parker, 

10   read the title only, and call on Senator Parker 

11   to speak. 

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 2355, by Senator Parker, 

16   mourning the death of Dr. Charles Davis, artistic 

17   director and founding elder of DanceAfrica, 

18   distinguished citizen and devoted member of his 

19   community.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Parker.

22                SENATOR PARKER:   Thank you, 

23   Mr. President.  On the resolution.

24                Ago!  Ame!  Ago!  Ame!  Ago!  Ame!  

25   is a traditional African call and response that's 


                                                               2848

 1   used to get attention of people in the room.  

 2   This was the way that Baba Chuck Davis started 

 3   every year at DanceAfrica.  So anybody here who's 

 4   ever been to DanceAfrica, which has been going on 

 5   for around 40 years at BAM every Memorial Day 

 6   weekend, you will be familiar with that call and 

 7   response.

 8                Last week the dance world and the 

 9   African world lost a giant, Dr. Baba (Charles) 

10   Chuck Davis, born in 1937.  He was the founding 

11   artistic director of DanceAfrica, the Brooklyn 

12   Academy of Music's longest-running series, which 

13   started in 1977.  This is important, because the 

14   Brooklyn Academy of Music is the oldest opera 

15   house in the United States.  So for this to be as 

16   long a series is quite an accomplishment.

17                He was one of the foremost teachers 

18   and choreographers of traditional African dance 

19   in America and traveled extensively through 

20   Africa to study with leading artists.  Davis 

21   founded the Chuck Davis Dance Company in New York 

22   in 1968, and the African American Dance Ensemble 

23   in Durham, North Carolina, in 1983.  

24                He was a panelist for several 

25   programs of the National Endowment for the Arts, 


                                                               2849

 1   a recipient of the AARP certificate of 

 2   Excellence, the North Carolina Dance Alliance 

 3   Award, the 1990 North Carolina Artist Award, and 

 4   the North Carolina Order of the Long Leaf Pine.

 5                He served on the boards of many art 

 6   councils across the country and received many 

 7   awards for his work around fine arts.  In 1996, 

 8   Davis and the African American Dance Ensemble 

 9   were awarded a $100,000 grant from the National 

10   Dance Residency Program, a three-year initiative 

11   launched in 1994 by the New York Foundation for 

12   the Arts and funded by the Pew Charitable Trusts.  

13                In 1998, he received an honorary 

14   doctorate from Medgar Evers College -- part of 

15   the City University of New York, the only 

16   historically black college in the system -- among 

17   the many honorary doctorates he received over the 

18   years from various universities.  

19                Baba Chuck and DanceAfrica were 

20   cited as one of America's Irreplaceable Dance 

21   Treasures:  The First 100, by the Dance Heritage 

22   Coalition.  And in 2014, he received the Bessie 

23   Award for Outstanding Service to the Field of 

24   Dance.

25                In 2016, BAM established the Chuck 


                                                               2850

 1   Davis Emerging Choreographer Fellowship, an 

 2   annual award in his honor given to emerging 

 3   choreographers to travel to Africa and study with 

 4   one or more experts in African dance.  

 5                We're going to miss Baba Chuck.  To 

 6   just read his bio and his accomplishments is not 

 7   nearly enough in terms of talking about the 

 8   impact he had on not just the Brooklyn community 

 9   but the African dance community around not just 

10   the country, but the world.  

11                Each year, if you have not been to 

12   DanceAfrica, they bring a dance ensemble from a 

13   different African country and feature that 

14   country's dance in the performance.  It is not 

15   simply just performances during the weekend, but 

16   young people get to dance with these visiting 

17   groups and also learn these traditional dances 

18   from around the world.

19                His impact has been great, but his 

20   loss no less so.  And so we remember him, we ask 

21   him to rest well, and Godspeed.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Parker.

25                The question is on the resolution 


                                                               2851

 1   before the house.  All in favor signify by saying 

 2   aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT GRIFFO:   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   resolution is adopted.

 8                Senator Parker has opened up the 

 9   resolution for cosponsorship.  Should you like to 

10   be a cosponsor, please notify the desk.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   Can we now 

13   take up previously adopted Resolution 2174, by 

14   Senator Squadron, read the title only, and call 

15   on Senator Squadron to speak.

16                ACTING PRESIDENT GRIFFO:  Resolution 

17   Number 2174, the Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 2174, by Senator Squadron, 

20   commemorating the 30th anniversary of the 

21   Downtown Express newspaper.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Squadron on the resolution.

24                SENATOR SQUADRON:   Thank you, 

25   Mr. President.  On the resolution.  


                                                               2852

 1                I rise to honor the Downtown Express 

 2   newspaper on its 30th anniversary.  In its 

 3   30 years, Downtown Express has documented Lower 

 4   Manhattan's rise from a, quote, urban ghost town 

 5   to the thriving mixed-use community that it is 

 6   today.  

 7                Downtown Express was founded in 1987 

 8   as Battery News, focusing on Battery Park City, 

 9   which today continues to be a thriving community, 

10   though one that has no community representation 

11   on its board, despite attempts to change that and 

12   passage of legislation through the Assembly that 

13   has thus far not gotten movement in the Senate, 

14   despite the fact that Battery Park City's 

15   residents have spoken with a unified voice that 

16   they would like representation on their board.

17                Renamed in 1990, Downtown Express 

18   expanded and grew as Lower Manhattan grew, to 

19   include TriBeCa, the Financial District, 

20   City Hall, Chinatown, and the South Street 

21   Seaport.  It's a free community resource.  It 

22   reaches nearly 100,000 people in the region.  

23                And of course while Downtown Express 

24   is a great local newspaper and local resource 

25   because of the area it covers, it has often 


                                                               2853

 1   covered and even broken national and global news.  

 2   From the 1993 World Trade Center bombings to the 

 3   September 11th terrorist attacks in 2001 and 

 4   Hurricane Sandy more recently, it has brought a 

 5   unique local perspective -- and often the first 

 6   perspective -- to stories of enormous broad 

 7   import.  And in these emergencies it's been a 

 8   vital resource for the local community, providing 

 9   information like air quality, street closures, 

10   and other necessary information.  

11                And when the national press has 

12   moved on from Lower Manhattan, Downtown Express 

13   has continued to stay in the community, tracking 

14   progress and delays in rebuilding and in 

15   resiliency.  In fact, even today it is covering 

16   the fact that Lower Manhattan, now nearly five 

17   years after Hurricane Sandy, does not have the 

18   resiliency that it needs and that Sandy so 

19   vividly and tragically showed we need in Lower 

20   Manhattan.  

21                Downtown Express, like so many 

22   newspapers -- local community newspapers, 

23   regional newspapers and national ones -- plays a 

24   vital role in our democracy.  At a time when the 

25   press is under unrelenting attack, when the 


                                                               2854

 1   reporting of facts get you labeled as "fake 

 2   news," we are reminded of the critical role that 

 3   papers like Downtown Express play in informing 

 4   and empowering communities and individuals.  

 5                Under publisher Jennifer Goodstein 

 6   and editor Bill Egbert, Downtown Express 

 7   continues to cover the community, enrich the 

 8   community, and hold all of us -- including us 

 9   elected officials -- to account.  For that, we 

10   say thank you.  

11                To Downtown Express:  30 is a great 

12   milestone.  I look forward to celebrating the 

13   next 30 years of the vibrant free press at the 

14   local, regional and national level.  

15                Thank you, Mr. President.  

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Squadron.  

18                As noted, the resolution was 

19   previously adopted on May 16th of 2017.  

20                Senator Squadron has opened the 

21   resolution for cosponsorship.  Should you choose 

22   to be a cosponsor, please notify the desk.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Yes, could 

25   you please recognize Senator Kaminsky to 


                                                               2855

 1   introduce a student council.

 2                ACTING PRESIDENT GRIFFO:   We will 

 3   recognize Senator Kaminsky for purposes of an 

 4   introduction.

 5                SENATOR KAMINSKY:   Thank you so 

 6   much, Mr. President.  

 7                Above me today I'm so proud to have 

 8   the students from the Robert Carbonaro Elementary 

 9   School in Valley Stream, Long Island, here today.  

10                I have to tell you, the highlight of 

11   last year for me professionally was going to 

12   their student debates.  I had just come from a 

13   pretty nasty campaign where everything except 

14   substance was being discussed, and it could 

15   certainly get you down on our system.  And then I 

16   went to Carbonaro and heard these marvelous 

17   students -- that if you look up, you can see 

18   represent a cross-section of our society -- give 

19   amazing, enlightening, inspiring speeches, each 

20   for why they should be the respective student 

21   government president, treasurer, et cetera.  

22                And they were so optimistic.  They 

23   each had good reasons why he or she should be 

24   elected.  And it really reinvigorated my sense of 

25   why our government matters and what it's about.  


                                                               2856

 1                So I invited them, Why don't you 

 2   come up to Albany this year and see how it 

 3   actually works, see what we actually do here, 

 4   because I think you would get a real kick out of 

 5   how this place works, and I think we could all 

 6   use a little bit of that spark that you were able 

 7   to provide for me.  

 8                So, Mr. President, not only would I 

 9   like you to welcome the student government here, 

10   but I'm also really proud to have the 

11   superintendent, Dr. Fale, from the school 

12   district, as well as the principal, Mr. Iacono.  

13   We have teachers Pam Fowler and Cathy Haufler 

14   here, as well as school board members John Maier 

15   and Armando Hernandez.  

16                Valley Stream 24 is an amazing 

17   district.  I think if Valley Stream 24 can 

18   succeed, we all as a country can succeed 

19   together, and our future is sitting there right 

20   above me in the gallery.  

21                So thank you, Mr. President, for 

22   showing them the collegialities and cordialities 

23   of the house.

24                ACTING PRESIDENT GRIFFO:   We extend 

25   a warm welcome and the courtesies of the Senate 


                                                               2857

 1   chamber to the administrators, the students, the 

 2   teachers and members of the staff and families 

 3   who are here from Robert Carbonaro School.  

 4                Please stand and we'd like to 

 5   recognize you.

 6                (Standing ovation.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   Can we take 

10   up previously adopted Resolution 380, by 

11   Senator Breslin, read the title only, and call on 

12   Senator Breslin to speak.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 380, by Senator Breslin, 

17   memorializing Governor Andrew M. Cuomo to 

18   proclaim April 9, 2017, as Yellow Ribbon Day in 

19   the State of New York.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Breslin.

22                SENATOR BRESLIN:   Thank you, 

23   Mr. President.

24                Since 2006, April 9th has been 

25   recognized as Yellow Ribbon day here in New York 


                                                               2858

 1   State.  And it's to honor former members of the 

 2   armed forces in this country.

 3                Yellow Ribbon Day, since that time, 

 4   has been championed by Carol Hotaling, who is 

 5   with us today in the audience -- Carol, you want 

 6   to wave to us? -- who began making yellow ribbons 

 7   to donate to family members of troops deployed 

 8   during Operation Desert Storm.

 9                Early on, she was assisted by our 

10   great Senator, Senator Kathy Marchione, here 

11   today.

12                Ms. Hotaling chose the date of 

13   April 9th in honor of Matt Maupin, a U.S. Army 

14   staff sergeant who was captured while serving in 

15   Iraq on that date in 2004.  Staff Sergeant Maupin 

16   was the first U.S. military member who went 

17   missing in action during Iraqi Desert Storm.

18                American former prisoner-of-war 

19   heroes who serve our country will never, ever be 

20   forgotten, these brave men and women who fought 

21   for their country and endured cruelties beyond 

22   imagination.  

23                With Carol today in the chamber is 

24   Beverly Czub, of Clifton Park, and Clifton Park 

25   Town Supervisor Phil Barrett.  


                                                               2859

 1                Would you please stand and be 

 2   recognized.  Thank you, Mr. President.  If we 

 3   would offer the courtesies of the house.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Breslin.  

 6                As indicated, the resolution was 

 7   previously adopted, on January 24th of 2017.

 8                Senator Breslin has opened up the 

 9   resolution for cosponsorship.  Should you choose 

10   to be a cosponsor, please notify the desk.

11                We'd like to extend a very cordial 

12   welcome.  We thank you for all of your efforts.  

13   To Carol and all the others who have joined her 

14   today, thanks for your good work on behalf of so 

15   many.  Please rise again and be recognized.

16                (Standing ovation.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   DeFrancisco.

19                SENATOR DeFRANCISCO:   Yes, can we 

20   now take up the privileged resolution by 

21   Senator Díaz, read it in its entirety, and call 

22   on Senator Díaz to speak, please.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               2860

 1   resolution by Senator Díaz, celebrating Taiwan 

 2   Heritage Day to strengthen the friendship and 

 3   bilateral relationship between the State of 

 4   New York and Taiwan.

 5                "WHEREAS,  The United States and the 

 6   Republic of China (Taiwan) share common ideals 

 7   and a clear vision for the 21st century, where 

 8   freedom and democracy are the foundation for 

 9   peace, prosperity, and progress; and 

10                "WHEREAS, Taiwan has become a 

11   multiparty democracy in which all citizens have 

12   the right to participate freely in the political 

13   process, as evidenced by Taiwan's six democratic  

14   presidential elections, which took place in 1996, 

15   2000, 2004, 2008, 2012 and 2016; and 

16                "WHEREAS, The U.S. Congress passed 

17   the landmark Taiwan Relations Act (TRA) in 1979 

18   to sustain a close bilateral relationship and to 

19   advance mutual security and commercial interests 

20   between the U.S. and Taiwan; the TRA, along with 

21   Six Assurances, have served as cornerstones of 

22   U.S.-Taiwan relations and have helped to preserve 

23   peace and stability in the Taiwan Strait; and 

24                "WHEREAS, The United States and 

25   Taiwan share a long-term and close economic 


                                                               2861

 1   relationship, including $65.4 billion in 

 2   bilateral trade in 2016, making Taiwan the 

 3   10th largest trading partner of the United 

 4   States; and 

 5                "WHEREAS, The United States assisted 

 6   Taiwan in attaining participation in the assembly  

 7   of the World Health Organization (WHO) since 2009 

 8   and of the International Civil Aviation  

 9   Organization (ICAO) in 2013, and will continue 

10   supporting Taiwan's meaningful participation in 

11   other organizations such as the United Nations  

12   Framework Convention on Climate Change (UNFCCC) 

13   and the International Criminal Police 

14   Organization (INTERPOL); and 

15                "WHEREAS, In order to strengthen 

16   bilateral trade relations with the United States, 

17   the government of the Republic of China (Taiwan) 

18   has expressed its wish to sign a free trade 

19   agreement with the United states in the near 

20   future; and 

21                "WHEREAS, The State of New York 

22   exported $637 million worth of products to Taiwan 

23   in 2016, making Taiwan the 16th largest foreign 

24   market for the State of New York; and 

25                "WHEREAS, Many of the United States' 


                                                               2862

 1   top 500 companies headquartered in New York, 

 2   including IBM, Pfizer, Corning, Citigroup, AIG,  

 3   MetLife, JPMorgan Chase, and New York Life, have 

 4   invested in Taiwan, supporting the mutually 

 5   beneficial relationship for decades; and 

 6                "WHEREAS, There are more than 300 

 7   Taiwanese companies that have invested in the 

 8   State of New York in sectors such as computers, 

 9   finance, jewelry, sporting goods, and garments; 

10   and 

11                "WHEREAS, Taiwan supports New York 

12   State's economic initiatives by encouraging young 

13   entrepreneurs to join the START-UP NY program,  

14   as well as partner with New York research 

15   institutes, as Taiwan's TSMC did when it 

16   participated in the NY Global 450 Consortium 

17   program for the next-generation semiconductor 

18   technology; and

19                "WHEREAS, There were a total of 

20   12,760 jobs in 2016 supported by Taiwan in 

21   New York State, including 1,008 jobs supported by 

22   investment from Taiwan-affiliated companies, 

23   5,533 jobs supported by the export of goods to 

24   Taiwan, and 6,219 jobs supported by the export  

25   of services to Taiwan; and 


                                                               2863

 1                "WHEREAS, The State of New York is 

 2   home to thriving overseas ethnic Chinese  

 3   communities that support the Republic of China  

 4   (Taiwan), including the Chinese Consolidated 

 5   Benevolent Association (CCBA), the Taiwanese  

 6   Chamber of Commerce of New York, Inc., the 

 7   Chinese Chamber of Commerce of New York, Inc., 

 8   Buddha's Light International Association in 

 9   New York, the Taiwan Center (Senior Center),  

10   Taiwanese American Association of New York, the 

11   Union of Taiwan Universities and Colleges Alumni  

12   Association and the National Women's League of 

13   the Republic of China (Taiwan), that devote 

14   themselves to the harmony and development of the 

15   community of the State of New York; and 

16                "WHEREAS, The New York State 

17   Legislature held the 4th Taiwan Heritage Day 

18   Celebration at the Legislative Office Building in  

19   Albany in May 2016, to promote bilateral 

20   relations between New York and Taiwan, and will 

21   hold the 5th Taiwan Heritage Day Celebration in 

22   2017; now, therefore, be it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to celebrate 

25   Taiwan Heritage Day to strengthen the friendship 


                                                               2864

 1   and bilateral relationship between the State of 

 2   New York and Taiwan; and be it further 

 3                "RESOLVED, That a copy of this  

 4   resolution, suitably engrossed, be transmitted to 

 5   President Tsai Ing-wen of the Republic of China 

 6   (Taiwan), through the Taipei Economic and 

 7   Cultural Office in New York."

 8                ACTING PRESIDENT GRIFFO:   I'm going 

 9   to ask for some quiet in the house.  There are a 

10   number of conversations taking place.  I would 

11   ask staff or members to please take the 

12   conversations outside the chamber.

13                Ni hao.  Ni hao ma.

14                GUESTS:   Ni hao.  Ni hao ma.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Díaz on the resolution.

17                SENATOR DÍAZ:   What did you just 

18   say?  Thank you, Mr. President.  I don't know, 

19   were you trying to say what you just said?  

20                ACTING PRESIDENT GRIFFO:   Welcome.  

21   Hello.

22                SENATOR DÍAZ:   There you go.  There 

23   you go.

24                Thank you, Mr. President.  Before I 

25   say anything about the resolution today, I want 


                                                               2865

 1   to express my appreciation to Senator Flanagan 

 2   for allowing me to introduce this resolution, due 

 3   to the fact that yesterday we had some kind of 

 4   problem but we achieved something great and 

 5   Senator Flanagan decided to allow me to introduce 

 6   the resolution today.  And for that, publicly, I 

 7   would like to thank him and express my 

 8   appreciation to him.

 9                Now, ladies and gentlemen, you 

10   should know that today we are being visited by 

11   members of the Taiwanese community.  

12                My fellow Senators, ladies and 

13   gentlemen, it has been my honor through the years 

14   as the State Senator representing the 32nd 

15   Senatorial District in Bronx County to bring many 

16   different cultures together.  I have also been 

17   instrumental in bringing these cultures to our 

18   State Capitol, to this chamber, and to introduce 

19   them to all of you.  

20                To that effect, I was the first 

21   Senator to introduce the Dominican community and 

22   its cultures in this Senate chamber and to have a 

23   Dominican minister offer the invocation in 

24   Spanish and in English.

25                I have honored, I have honored the 


                                                               2866

 1   Garifuna community having one of their ministers 

 2   as well offer the invocation in the Garifuna 

 3   language.

 4                I have been honored and privileged 

 5   to present the Bangladesh community to be 

 6   recognized by one of their imams offering the 

 7   invocation in Bangla for the first time in this 

 8   chamber.

 9                You should also know, ladies and 

10   gentlemen, that today, for the eighth consecutive 

11   year, I am privileged to sponsor a Senate 

12   resolution celebrating the government and the 

13   people of Taiwan in order to recognize them for 

14   their wonderful, humanistic, generous and rich 

15   financial and cultural contributions to our 

16   country in America and to the State of New York.

17                On behalf of my constituents and the 

18   children of the South Bronx, I must thank and 

19   recognize the contributions of the Taiwanese 

20   government and its representatives to the needy 

21   children of the Bronx.  

22                Ladies and gentlemen, as you know, I 

23   represent the South Bronx, one of the poorest 

24   areas and needy areas in the nation.  Every year 

25   during Christmas celebrations, as the Three Kings 


                                                               2867

 1   came to visit Jesus, the Taiwanese community 

 2   comes to the Bronx to visit and to help us in the 

 3   Bronx with all kinds of school supplies, bringing 

 4   backpacks filled with school supplies for the 

 5   black and Hispanic children in our community.

 6                These school supplies, provided by 

 7   the Taiwanese government and its representatives, 

 8   not only give our children a boost of 

 9   encouragement to do their best in school during 

10   the year, but these supplies also help relieve 

11   some of the financial burden from their parents.

12                And what is equally important is 

13   that each year, as Taiwanese officials come to 

14   the South Bronx for our Three Kings celebration, 

15   the children and parents in attendance get to 

16   witness cultural and racial unity at its best.  

17                Mr. President and ladies and 

18   gentlemen, it is important for you to know that 

19   Taiwan is one of the strongest democratic allies 

20   of the United States in Asia.  We must never 

21   forget that Taiwan spares no effort to maintain 

22   peace and prosperity in East Asia.

23                Ladies and gentlemen and my fellow 

24   Senators, not only Taiwan is a strong defender of 

25   democracy, but Taiwan also provides much economic 


                                                               2868

 1   activity, support to both the United States and 

 2   the State of New York.

 3                As you heard in the resolution, 

 4   Taiwan is the 10th largest trading partner of the 

 5   United States, and it is the 16th largest foreign 

 6   market for the State of New York.  Many of the 

 7   United States' top 500 companies have headquarters 

 8   in New York and also have significant investments 

 9   in Taiwan.  

10                Additionally, there are more than 

11   300 Taiwanese companies that have invested in the 

12   State of New York.  The relationships between the 

13   United States of America and Taiwan and New York 

14   State are very important and of mutual benefit.  

15   It is my fervent wish that these relationships 

16   continue and prosper, to the benefit of all our 

17   citizens.

18                Finally, Mr. President, today I have 

19   the honor and privilege to be joined in the 

20   Senate chamber by distinguished guests -- by 

21   Mr. Franklin Chen, deputy director general from 

22   the Taipei Economic and Cultural Office in 

23   New York; Mr. Ronnie Lu, head of political 

24   affairs from the Taipei Economic and Cultural 

25   Office in New York; Chairman Shu Man Wang, of the 


                                                               2869

 1   Taiwanese American Senior Center; President Yi 

 2   Hung Li, from the Buddha's Light International 

 3   Association, New York Chapter; Mr. Mark Paul Lo, 

 4   from the Taiwanese Chamber of Commerce of 

 5   New York; Mr. Paul Wang, who is an advisor for 

 6   the Chinese Chamber of Commerce in New York; the 

 7   Venerable Ru Yang, from the Fo Guang Buddhist 

 8   Temple of New York, who gave the invocation; and 

 9   my director of communications, Ms. Ann Noonan, 

10   together with other members of my staff like 

11   Leila Martinez and Angel Gaud.

12                Mr. President and ladies and 

13   gentlemen, thank you, thank you for being with 

14   us.  

15                And also, Mr. President, more than 

16   100 Taiwanese people and members of the Buddha's 

17   Light International Association have joined us in 

18   the gallery.  Look at how beautiful they are.  

19   Look at that.  Look at how beautiful they are.

20                (Sustained applause.) 

21                ACTING PRESIDENT GRIFFO:   I have to 

22   also recognize that -- thank you very much.  I 

23   also, Mr. President, recognize that these -- 

24   together with Senator Marty Golden, who has also 

25   helped us obtain the permission to use 


                                                               2870

 1   The Well -- State Assemblymembers Marcos Crespo, 

 2   Luis Sepulveda, and Victor Pichardo, are part of 

 3   this event and part of the organization committed 

 4   to bring these different communities to Albany 

 5   and to this Legislature.  So thank you, thank you 

 6   very much.  

 7                Thank you, Mr. Chen, for allowing me 

 8   to introduce you today.  And thank you, all of 

 9   you.  God bless you all.  And let's have a good 

10   day.

11                (Applause.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Stavisky.

14                SENATOR STAVISKY:   Thank you, 

15   Mr. President.  Da jia hao.

16                (Response; applause from gallery.)

17                SENATOR STAVISKY:   And huanying da 

18   jia li Albany.  Which, translated, means "Hello, 

19   and welcome to Albany." 

20                Thank you, Senator Díaz, for 

21   sponsoring this group, so many of whom reside in 

22   my Senate district.  

23                As I sat listening to the 

24   resolution, it hasn't always been easy for the 

25   Chinese-American community.  There were times 


                                                               2871

 1   when it was extremely difficult.  But they played 

 2   an important role in American history that we 

 3   can't ignore, because it was because of the 

 4   importation, really, of the Chinese workers in 

 5   the 1860s to help complete the Transcontinental 

 6   Railroad that we are grateful for making us one 

 7   country, of uniting the country.  

 8                Whether it be in the 1860s, when 

 9   they -- actually, they came in the 1840s for the 

10   Gold Rush and then were recruited to dig those 

11   terrible tunnels through the Sierra Nevadas in 

12   the snow and the problems that they faced, the 

13   starvation.  And yet they managed to succeed, and 

14   for that we are grateful.  

15                And it wasn't until after the Second 

16   World War when we started accepting Chinese 

17   immigrants.  And we are that much richer for 

18   people having come to the United States.  The 

19   immigration really picked up in the 1960s.  But 

20   for a long period we had the Chinese Exclusionary 

21   Acts and the legislation coming out of Washington 

22   that banned people from China and the Republic of 

23   China coming to the United States, and that was a 

24   terrible situation.  

25                But we have had such a wonderful 


                                                               2872

 1   relationship with the Republic of China, which is 

 2   a fast-growing, prosperous country.  And it was 

 3   in the 1970s that they started coming to Queens.  

 4   And I remember in the mid-'70s the stores in 

 5   Flushing, on Main Street, were boarded up.  We 

 6   were becoming a ghost town.  And then people from 

 7   Taiwan started coming to the United States, and 

 8   especially to Queens County.  And we are that 

 9   much richer for your coming.  

10                It's interesting how involved the 

11   Taiwanese community has been in Queens County's 

12   life.  You take a walk down Main Street of 

13   Flushing, and what you see is activity.  You see 

14   construction.  You see a lot of traffic -- 

15   whether it be pedestrian or vehicular, a lot of 

16   traffic.  And we are doing extremely well in 

17   Flushing.  And for that, we thank the people who 

18   came from the Republic of China.  

19                The resolution mentioned some of the 

20   organizations, and I'm not going to repeat them.  

21   There are many, many more organizations that 

22   really must be mentioned.  The fact that Flushing 

23   is economically involved I think is due to two 

24   organizations, the Flushing Chinese Business 

25   Association, and the Business Improvement 


                                                               2873

 1   District, and I think they ought to be mentioned.  

 2                We have so many cultural 

 3   organizations.  I really don't want to mention 

 4   any of them in particular, but I do want to 

 5   mention the fact that the people from Asia, 

 6   particularly from the Republic of China and 

 7   Korea, have become a part of the political life 

 8   as well as the civic and social life.  And that 

 9   started with the election to the Assembly of a 

10   number of Assemblymembers.  Some of you may 

11   remember Assemblymember Jimmy Meng, followed by 

12   Ellen Young, and followed in the Assembly by 

13   Grace Meng, who is now a member of Congress.  And 

14   she was succeeded by Ron Kim in the Assembly.  

15                So we are, in Queens, so grateful 

16   for the political involvement, and we work so 

17   closely together.  I know they have folks 

18   representing Manhattan; I'm not going to mention 

19   the other borough.  I'm sure Senator Squadron 

20   will.  But they have made an impact.  

21                And it's interesting, because the 

22   standard of living in Taiwan is very high.  

23   Interestingly, 98 percent, 98.5 percent of the 

24   male population over the age of 15 is literate.  

25   And with women, it's 99.7 percent.  I find that 


                                                               2874

 1   amazing.  The literacy rate of 98 percent in a 

 2   country, that's something that we have to admire.  

 3                Their humanitarian efforts are well 

 4   known.  They have become really global citizens.  

 5   They have helped countries from all over the 

 6   world, particularly in the area of healthcare.  

 7   And in the last eight years they have been 

 8   participating in the World Health Assembly, which 

 9   is part of the World Health Organization.  And 

10   unfortunately, there is a conference going on 

11   right now in Geneva to which they were not 

12   invited.  And we hope that in the future they 

13   will be again active participants in the World 

14   Health Organization, which I think is important.  

15                I also want to mention the fact that 

16   religious life plays such an important role in 

17   the Chinese community, in the Taiwanese 

18   community.  The International Buddhist Progress 

19   Association, the Venerable Ru Yang delivered the 

20   invocation today.  I was at that temple about a 

21   month ago, and I've been there many times.  It's 

22   on Barclay Avenue in downtown Flushing.  And the 

23   last time I was there, they celebrated Buddha's 

24   birthday.  

25                And I must tell you, it was a very 


                                                               2875

 1   moving experience because not only did they 

 2   celebrate Buddha's birthday, but the Three Acts 

 3   of Goodness that people believe in, something we 

 4   all believe in.  And the three acts are -- and I 

 5   think it's important in today's political 

 6   climate -- say good words, do good deeds, think 

 7   good thoughts.  And I think that's a message from 

 8   the Buddhist community that we should all adhere 

 9   to.  

10                We have had some additional changes 

11   to Flushing.  When Grace Meng was in the 

12   Assembly, she introduced legislation to make the 

13   Lunar New Year a school holiday.  And in fact we 

14   were passing it in both houses, the mayor decided 

15   it would be a good idea, and for the first 

16   time -- I think next year it goes into effect -- 

17   we're going to be celebrating the Lunar New Year 

18   as a school holiday.  

19                Come to Flushing.  We have the boat 

20   races in July and August in Flushing Meadow Park, 

21   the dragon boat races.  It's a great experience.  

22   We have cultural exchange programs.  I had an 

23   intern from the cross-cultural exchange program.  

24   A thousand students from all over Asia came to 

25   New York and participated in various economic and 


                                                               2876

 1   governmental programs.  My intern -- I must tell 

 2   you, Angela Man is back in Hong Kong, but she was 

 3   amazing, just amazing.  She lived in the Flushing 

 4   YMCA with the other students, and her work in my 

 5   district office was very, very interesting and 

 6   substantial.  

 7                We have other groups here; I do want 

 8   to mention the Taiwan Center and the Chamber of 

 9   Commerce and AAFNY and the Chinese-American 

10   Planning Council.  There are so many 

11   organizations -- CCBA.  And we welcome everybody, 

12   because we are a welcoming community.  

13                And I welcome Ambassador Chen, 

14   Ronnie Lu, and everybody else from TECO.  TECO 

15   stands for the Taipei Economic and Cultural 

16   Office.  They have an office in downtown Flushing 

17   as well as Manhattan, and they are an important 

18   part of our community.  

19                So again, I welcome our friends from 

20   the Republic of China, but they're really from 

21   New York.  They are New Yorkers who happen to be 

22   from the Republic of China.  

23                Again, thank you, Mr. President.  

24                (Applause.)

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               2877

 1   you, Senator Stavisky.

 2                The question is on the resolution. 

 3   All in favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   resolution is adopted.

 9                The resolution, at the request of 

10   Senator Díaz, is open for cosponsorship.  Should 

11   you choose to be a cosponsor, please notify the 

12   desk.

13                We would like to again extend our 

14   appreciation for the presence of Ambassador Chen, 

15   the Taiwanese delegation, the Taiwanese 

16   community.  We extend the privileges and the 

17   courtesies of the Senate to you.  And jiu ni hao 

18   ying.

19                (Standing ovation.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Could you 

23   call on Senator Rivera for a brief introduction.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Rivera.


                                                               2878

 1                SENATOR RIVERA:   Thank you, 

 2   Mr. President.

 3                After all that pomp and 

 4   circumstance -- I certainly welcome our guests -- 

 5   there's actually a couple more folks that I 

 6   wanted to recognize quickly.  

 7                I'm not sure if you've ever had the 

 8   experience, colleagues, when you have someone 

 9   that you're either interviewing or somebody 

10   that's coming to your office to talk to you, a 

11   young person, and you get a spark off that 

12   person, a sense that person has not only a lot to 

13   say but has a long way to go and has many things 

14   to do in the future.

15                We are joined by just such an 

16   individual today.  I'd ask the two ladies to 

17   stand up.  One of these ladies, her name is 

18   Jackie Bourdett, she is the education director at 

19   the Kips Bay Boys and Girls Club in the Bronx, 

20   and that is the lady on the right -- hello, 

21   madam.  But as awesome as she is, I want to talk 

22   for a few minutes very briefly about the lady to 

23   her left.  

24                You are looking at Margaret 

25   Rodriguez, who is from the Bronx.  This lady just 


                                                               2879

 1   last night was awarded the 2017 Youth of the Year 

 2   Award from the Boys and Girls Club.  That is -- 

 3   and you can applaud for that, because that is the 

 4   statewide thing.  I would applaud the lady.

 5                (Applause.)

 6                SENATOR RIVERA:   But what I'd 

 7   really like to underline is the fact that -- I 

 8   did not know about the Youth of the Year Award.  

 9   You'll be sad to know, colleagues, that the Youth 

10   of the Year button is much bigger than ours, and 

11   she is wearing it proudly on her lapel.  But the 

12   Youth of the Year, as she explained, is someone 

13   who is a young person that can tell their story, 

14   that can share who they are and can communicate 

15   about the great things that the Boys and Girls 

16   Club did for them in their life.  

17                She explained to me how, through 

18   thick and thin, with a lot of problems in her 

19   family, at 10 years of age she joined the Boys 

20   and Girls Club of Kips Bay.  And during that 

21   period of time, she has not only been -- she was 

22   actually a -- I'm terribly unathletic, as most of 

23   you folks know.  She was actually the captain of 

24   a field hockey team that was all boys.  And she's 

25   actually a lady who is actually not only a member 


                                                               2880

 1   of the team, but a captain of the team.  

 2                But more importantly, she told me 

 3   about how as a Latina girl in the Bronx, she felt 

 4   that she had much to share about the difficulties 

 5   that she went through but the possibilities that 

 6   exist for her.  I just met the lady today, but I 

 7   was immensely impressed by her, and I wanted to 

 8   make sure that she came by, and to tell you thank 

 9   you for not only coming here today, but thank you 

10   for the work that you do every single day back in 

11   the Bronx.  

12                I am hoping that you will continue 

13   to do it, continue to inspire other young people, 

14   particularly young ladies like yourself.  And who 

15   knows, it is very likely that at some point in 

16   the future you might be just sitting in a chair 

17   down here, perhaps this one that I'm sitting in 

18   right now.  

19                But I am glad to say, ladies and 

20   gentlemen, she lives in José Marco Serrano's 

21   district, so he is going to have to worry about 

22   that.

23                (Laughter.)

24                SENATOR RIVERA:   But again, 

25   Ms. Rodriguez, somebody who has a lot of poise, a 


                                                               2881

 1   lot of purpose, and I know she has a bright 

 2   future ahead of her.  Thank you for joining us, 

 3   and congratulations.  

 4                Thank you, Mr. President.

 5                (Applause.)

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Rivera.  

 8                We welcome you and wish you the best 

 9   of luck.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes, for the 

12   last introduction, please call on Senator Croci.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Croci.

15                SENATOR CROCI:   Thank you, 

16   Mr. President.  

17                I'm very pleased today to be joined 

18   by a group of seniors, along with their 

19   principals and their teachers and their board 

20   members, all from the Patchogue-Medford School 

21   District on Long Island, New York.  

22                Patchogue-Medford has many 

23   distinguished graduates, but none more famous 

24   than Lieutenant Michael Murphy, who many know 

25   from the book Lone Survivor, recipient of the 


                                                               2882

 1   Congressional Medal of Honor for his bravery and 

 2   heroism.  A tremendous district that produces 

 3   that caliber of individuals.  

 4                And we're so proud to have them all 

 5   here today.  Many -- almost all of them -- no, 

 6   all of them are going off to college.  They're 

 7   seniors and they're going to be going off to 

 8   college in the beginning of the school year next 

 9   year.  But there is one who's going into the 

10   United States Coast Guard and will be serving our 

11   country in the Coast Guard.  

12                So, Mr. President, on a very proud 

13   occasion to have these young men and women here, 

14   I hope you will welcome them to the house.  

15                And to the members of 

16   the Patchogue-Medford School District, please 

17   take back to all of your administrators and to 

18   your families how proud we are of you and your 

19   accomplishments.

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Croci.  

22                To the students, faculty, 

23   administrators at Patchogue-Medford, 

24   congratulations.  Thanks for being here today.  

25                Please stand and be recognized.


                                                               2883

 1                (Standing ovation.)

 2                ACTING PRESIDENT GRIFFO:   We wish 

 3   you the best of luck.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   I have a 

 6   couple of motions.  

 7                On page 22, I offer the following 

 8   amendments to Calendar 436, Senate Print 3567, by 

 9   Senator Hannon, and ask that said bill retain its 

10   place on the Third Reading Calendar.

11                ACTING PRESIDENT GRIFFO:   We have 

12   returned to motions and resolutions.  

13                The amendments have been received, 

14   and the bill shall retain its place on third 

15   Calendar.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   On page 17, I 

18   offer the following amendments to Calendar 353, 

19   Senate Print 4084, by Senator Funke, and ask that 

20   said bill retain its place on the Third Reading 

21   Calendar.

22                ACTING PRESIDENT GRIFFO:   Those 

23   amendments are also received, and the bill shall 

24   retain its place on third reading.

25                Senator DeFrancisco.  


                                                               2884

 1                SENATOR DeFRANCISCO:   Could we now 

 2   take up the noncontroversial reading of the 

 3   calendar.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 51, 

 7   by Senator Croci, Senate Print 959, an act to 

 8   amend the Real Property Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the first of January.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   306, by Senator Avella, Senate Print 1482, an act 

21   to amend the Public Housing Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 120th day.


                                                               2885

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   331, by Senator Lanza, Senate Print 3537, an act 

 9   to amend the Real Property Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   422, by Senator Akshar, Senate Print 3571, an act 

22   to amend the Parks, Recreation and Historic 

23   Preservation Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2886

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 120th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   441, by Senator Peralta, Senate Print 592B, an 

11   act to amend the Public Health Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act --

16                SENATOR GIANARIS:   Lay it aside.

17                ACTING PRESIDENT GRIFFO:   Lay the 

18   bill aside.

19                THE SECRETARY:   Calendar Number 

20   512, by Senator Hamilton, Senate Print 2424B, an 

21   act to amend the Executive Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               2887

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   516, by Senator Ranzenhofer, Senate Print 5158, 

 9   an act to amend the Private Housing Finance Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   526, by Senator Ritchie, Senate Print 3016, an 

22   act in relation to authorizing.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2888

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   541, by Senator Jacobs, Senate Print 4464, an act 

10   to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.  

13                THE SECRETARY:   Section 12.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   562, by Senator Gallivan, Senate Print 2520A, an 

23   act to amend the Real Property Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2889

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   563, by Senator Croci, Senate Print 5411, an act 

11   to amend the Real Property Tax Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   599, by Senator Seward, Senate Print 426, an act 

24   to amend the Insurance Law.

25                SENATOR GIANARIS:   Lay it aside, 


                                                               2890

 1   please. 

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is laid aside.

 4                THE SECRETARY:   Calendar Number 

 5   605, by Senator Croci, Senate Print 936, an act 

 6   to amend the Executive Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   650, by Senator Hannon, Senate Print 5544, an act 

19   to amend a chapter of the Laws of 2017.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

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

24   same manner as Part E of a chapter of the Laws of 

25   2017.


                                                               2891

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   719, by Senator Young, Senate Print 3939, an act 

 9   to amend the Public Health Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   734, by Senator Marchione, Senate Print 200, an 

22   act to amend the Executive Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2892

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   775, by Senator Murphy, Senate Print 2098B, an 

10   act to amend the Agriculture and Markets Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 5.  This 

14   act shall take effect two years after it shall 

15   have become a law.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Hoylman to explain his vote.

21                SENATOR HOYLMAN:   Thank you, 

22   Mr. President.  

23                I just wanted to thank my colleague 

24   on the other side of the aisle for this 

25   forward-looking piece of legislation.  I sponsor 


                                                               2893

 1   similar legislation that would ban the use of 

 2   bullhooks.  This legislation, of course, 

 3   prohibits the use of elephants in entertainment 

 4   acts.  

 5                I think the point of this bill is so 

 6   clear, which is to protect this very vulnerable 

 7   species.  You know, every 15 minutes an African 

 8   elephant is slaughtered.  Every 15 minutes.  And 

 9   we're likely to see this species completely 

10   obliterated in the next couple of decades unless 

11   we do something quickly.

12                I'll mention to my colleagues that I 

13   recently wrote to the CEO of Craigslist.  On 

14   Craigslist you can actually go online and 

15   purchase illegal ivory products.  Unlike eBay or 

16   other websites, Craigslist does not filter their 

17   search results to remove illegal ivory sales.  

18   And in New York City, this is an issue because it 

19   is the heart of the illegal ivory trade in the 

20   world.  In fact, last year the district attorney 

21   busted a local antiques dealer for a $4 million 

22   illegal ivory trade.  

23                So I want to thank my colleague 

24   again.  I'll be voting in the affirmative.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2894

 1   Hoylman in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 775, those recorded in the negative are 

 5   Senators Comrie, Little, Ranzenhofer and Sanders.  

 6   Also Senator Seward.  Also Senator Ortt.  

 7                Ayes, 56.  Nays, 6.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   839, by Senator Rivera, Senate Print 1100, an act 

12   to amend the Vehicle and Traffic Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 7.  This 

16   act shall take effect one year after it shall 

17   have become a law.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   849, by Senator Akshar, Senate Print 5635, an act 


                                                               2895

 1   to amend the Highway Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                SENATOR GIANARIS:   Lay it aside.

 7                ACTING PRESIDENT GRIFFO:   Lay the 

 8   bill aside.

 9                SENATOR DeFRANCISCO:   Lay it aside 

10   for the day.

11                ACTING PRESIDENT GRIFFO:   Lay the 

12   bill aside for the day.

13                THE SECRETARY:   Calendar Number 

14   854, by Senator Ortt, Senate Print 693, an act to 

15   amend the Environmental Conservation Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.  

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2896

 1                THE SECRETARY:   Calendar Number 

 2   856, by Senator Bonacic, Senate Print 998, an act 

 3   to amend the Environmental Conservation Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT GRIFFO:   Lay the 

10   bill aside.

11                THE SECRETARY:   Calendar Number 

12   889, by Senator LaValle, Senate Print 2997A, an 

13   act to amend the Executive Law.

14                SENATOR GIANARIS:   Lay it aside.

15                ACTING PRESIDENT GRIFFO:   Lay the 

16   bill aside.

17                THE SECRETARY:   Calendar Number 

18   900, by Senator Marchione, Senate Print 5198, an 

19   act authorizing.

20                ACTING PRESIDENT GRIFFO:   There is 

21   a home-rule message at the desk.

22                The Secretary will read the last 

23   section.

24                SENATOR GIANARIS:   Lay it aside.

25                ACTING PRESIDENT GRIFFO:   Lay the 


                                                               2897

 1   bill aside.

 2                THE SECRETARY:   Calendar Number 

 3   925, by Senator Robach, Senate Print 1013, an act 

 4   to amend the Domestic Relations Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   952, by Senator Ortt, Senate Print 5807, an act 

17   to amend the Mental Hygiene Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of April.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.


                                                               2898

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   958, by Senator Marcellino, Senate Print 1181, an 

 5   act to amend the Vehicle and Traffic Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of November.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                Calendar Number 964 is high and 

17   ineligible for consideration.

18                The Secretary will read Calendar 

19   Number 989.

20                THE SECRETARY:   Calendar Number 

21   989, by Senator Ranzenhofer, Senate Print 3027, 

22   an act to amend the Correction Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2899

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hoylman to explain his vote.  

 7                SENATOR HOYLMAN:   Thank you, 

 8   Mr. President.  I rise to support my colleague's 

 9   legislation.

10                Another sex offender bill, another 

11   day in the State Senate.  This is our 17th this 

12   session.  

13                I will reiterate my desire to see 

14   the Child Victims Act come to the floor of the 

15   State Senate, the bill that I think would address 

16   a big problem involving sex offenders, which is 

17   the inability of survivors to take them to court 

18   because our statute of limitations is so 

19   restrictive -- the worst in the nation -- that it 

20   cuts off civil and criminal claims at the age of 

21   23.  

22                I'll be voting in the affirmative, 

23   sir, but I think we need to do more to address 

24   this problem.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2900

 1   Hoylman in the affirmative.

 2                Senator Kennedy to explain his vote.

 3                SENATOR KENNEDY:   Thank you, 

 4   Mr. President.

 5                I rise today in support of this bill 

 6   which would prohibit sex offenders from residing 

 7   in community residences run by OMH or OPWDD.

 8                This bill is badly needed.  Just 

 9   last June, two Level 2 sex offenders were placed 

10   in a North Buffalo facility regulated by the 

11   Office for People with Developmental 

12   disabilities.  One of these sex offenders was 

13   convicted of crimes against two young boys, 

14   actions that are shameful and absolutely 

15   horrendous.  

16                The families in the area were 

17   unaware that sex offenders were moving into an 

18   OPWDD facility in their neighborhood.  To make 

19   matters worse, the facility was within walking 

20   distance of schools, a playground and a daycare 

21   center.  This was unacceptable, and so we 

22   mobilized as a community against the placement of 

23   these sex offenders.  

24                Ultimately, both sex offenders were 

25   relocated to other residences, allowing residents 


                                                               2901

 1   to live in peace knowing that convicted offenders 

 2   were not living in their neighborhood -- and, 

 3   just as importantly, they weren't living 

 4   alongside some of the most vulnerable members of 

 5   our community and our society.

 6                By passing this bill, the situation 

 7   that occurred in North Buffalo last year will be 

 8   prevented in the future.  We're taking a step to 

 9   make all of the State of New York safer.

10                We need to protect our families and 

11   our children, and we need to make sure registered 

12   sex offenders are not being placed in OPWDD or 

13   OMH facilities anywhere in our respective 

14   neighborhoods or districts statewide.

15                With that, Mr. President, I vote 

16   aye.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Kennedy to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 989, those recorded in the negative are 

22   Senators Bailey, Comrie, Dilan, Hoylman, 

23   Montgomery, Parker, Persaud and Rivera.  Also 

24   Senator Sanders.

25                ACTING PRESIDENT GRIFFO:   All 


                                                               2902

 1   right, let's do this one more time.  All those in 

 2   the negative please raise your hands.

 3                Announce the results.  

 4                THE SECRETARY:   In relation to 

 5   Calendar 989, those recorded in the negative are 

 6   Senators Bailey, Comrie, Dilan, Montgomery, 

 7   Parker, Persaud, Rivera and Sanders.  

 8                Ayes, 54.  Nays, 8.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1007, by Senator Carlucci, Senate Print 391A, an 

13   act to amend the Public Officers Law.

14                SENATOR GIANARIS:   Lay it aside.

15                ACTING PRESIDENT GRIFFO:   Lay the 

16   bill aside.

17                THE SECRETARY:   Calendar Number 

18   1022, by Senator Croci, Senate Print 927, an act 

19   to amend the Penal Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 90th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2903

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   In relation to 

 3   Calendar 1022, those recorded in the negative are 

 4   Senators Hoylman, Montgomery, Parker, Sanders and 

 5   Squadron.

 6                Ayes, 57.  Nays, 5.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1024, by Senator Croci, Senate Print 955, an act 

11   to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.  Nays, 2.  

20   Senators Montgomery and Parker recorded in the 

21   negative.

22                ACTING PRESIDENT GRIFFO:   Some 

23   order in the house, please.

24                The bill is passed.

25                Senator DeFrancisco, that concludes 


                                                               2904

 1   the noncontroversial reading of today's 

 2   active-list calendar.

 3                SENATOR DeFRANCISCO:   I'd like to 

 4   first call up Senate Calendar Number 900, Senate 

 5   Print 5198, which is Senator Marchione's bill.

 6                ACTING PRESIDENT GRIFFO:   Can I 

 7   again have some order in the house, please.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   900, by Senator Marchione, Senate Print 5198, an 

11   act authorizing.

12                ACTING PRESIDENT GRIFFO:   There is 

13   a home-rule message present at the desk.

14                The Secretary will read the last 

15   section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Again, 

19   I'm going to ask people to orderly leave the 

20   chamber.  There's a lot of conversations going 

21   on.  

22                We'll recognize Senator Sanders to 

23   explain his vote.

24                SENATOR SANDERS:   Well, I actually 

25   have a couple of questions for the -- on this 


                                                               2905

 1   issue, sir.

 2                SENATOR DeFRANCISCO:   Excuse me, 

 3   can we withdraw the roll call.  

 4                And if you want to speak, make sure 

 5   the chair sees you standing up or raising your 

 6   hand or something.

 7                ACTING PRESIDENT GRIFFO:   My 

 8   understanding is we've gone back to a 

 9   noncontroversial reading of the bill, so you 

10   cannot ask questions on the bill.  But we'll 

11   allow flexibility if you want to explain the 

12   vote.

13                SENATOR DeFRANCISCO:   No, no, no.  

14   No, that bill was laid aside.  We didn't go back 

15   to the noncontroversial.  I just called it out of 

16   order to accommodate a Senator.

17                ACTING PRESIDENT GRIFFO:   Okay.  So 

18   we completed the noncontroversial reading.  So 

19   are you asking now to go to the controversial 

20   reading, Senator DeFrancisco?

21                SENATOR DeFRANCISCO:   I'm just 

22   asking you to --

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will ring the bell to ensure the 

25   members are in the chamber.  


                                                               2906

 1                And the bill has been read, and we 

 2   can recognize Senator Sanders.

 3                SENATOR SANDERS:   Thank you, 

 4   Mr. President.  I have a few questions to ask of 

 5   the sponsor.  Will the sponsor yield for a 

 6   question or two or three?  

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Marchione, would you yield to questions?  

 9                SENATOR MARCHIONE:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator would yield.

12                SENATOR SANDERS:   We all are very 

13   concerned about what's happening with the water 

14   at Hoosick Falls and how we are going to take 

15   care of this, so we are very sympathetic.  

16   However, the method that we're going about it may 

17   not be one that I could agree to.  So I have a 

18   couple of questions.  

19                And I'll start with how will the 

20   Hoosick Falls Village recoup the cost of the 

21   damages, including the additional costs from the 

22   interest of the loan, if we were to agree to 

23   this?

24                SENATOR MARCHIONE:   It's expected 

25   that Honeywell and Saint-Gobain, as they go 


                                                               2907

 1   through the action and finalize, will end up 

 2   paying for these costs, but of course 

 3   negotiations are still ongoing.  

 4                There is a home-rule message at the 

 5   desk, which means the village has requested that 

 6   I carry this resolution for them.  This will give 

 7   them the flexibility to borrow up to $1.5 million 

 8   and have 10 years to be able to pay it back, 

 9   which is helpful to the village.  Otherwise, they 

10   only have a two-year period.

11                SENATOR SANDERS:   I am aware that 

12   this has been very controversial inside that 

13   village and there have been many votes taken on 

14   these issues, and these votes are being debated 

15   inside.  And I'm also aware that there's a large 

16   sentiment that they put all this off until a new 

17   election takes place for the mayor.

18                So through you, Mr. President, the 

19   loan amount needed to cover approximately a 

20   million-plus for extraordinary expenses -- 

21   operating and capital costs, reductions or 

22   elimination of contamination, issuance of 

23   notes -- how is this guaranteed that it will be 

24   paid back by this company if we were to do this?

25                SENATOR MARCHIONE:   First of all, 


                                                               2908

 1   through you, Mr. President, the election for the 

 2   new mayor has already taken place.  The new mayor 

 3   is acting as the mayor now currently.  

 4                This request came through the 

 5   previous mayor and now has come through the new 

 6   mayor, so it is something that internally the new 

 7   administration has asked for through a home-rule 

 8   message.  Paying back the loan is going to be 

 9   paid back by the residents in the short term as 

10   the negotiations continue.

11                In addition, the EFC has contributed 

12   $220,000 towards some of the legal fees as a 

13   grant.  Those monies will be put towards these 

14   monies that are owed and will be paid back to the 

15   EFC once the negotiations have concluded.

16                SENATOR SANDERS:   Through you, 

17   Mr. President.  I am sure that you've been 

18   struggling with this one long and hard, just as 

19   all of us have been made aware of this tragedy 

20   that the people there are suffering.

21                The home values there are declining, 

22   and a tax increase at this point seems 

23   counterintuitive.  I'm concerned that the people 

24   there won't be able to maintain their standard of 

25   living.  Do you know the median income of Hoosick 


                                                               2909

 1   Falls?  

 2                SENATOR MARCHIONE:   I do not know 

 3   the median income offhand.

 4                I do know, though, that I spoke with 

 5   the mayor and the town supervisors in both 

 6   communities -- Petersburgh, Hoosick Falls, the 

 7   village and the town -- and asked if they were 

 8   looking for property reduction through 

 9   legislation, and they all have said no.  

10                Excuse me, though; I want to 

11   clarify.  I have not had that conversation with 

12   the new mayor yet.  He has just taken office.

13                SENATOR SANDERS:   Through you, 

14   Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Marchione, do you continue to yield?

17                SENATOR MARCHIONE:   Yes, I do.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Sanders, pose your question.

20                SENATOR SANDERS:   Thank you, sir.  

21                What are the long-term plans for the 

22   recovery of this area?  Not simply the short-term 

23   dealing with the water, but -- they've got a host 

24   of problems there now.  Are there any long-term 

25   plans that we can speak of?


                                                               2910

 1                SENATOR MARCHIONE:   The water 

 2   system is back up and running, with tremendous 

 3   water that's checked all the time.  The people 

 4   who have individual wells have POET systems, 

 5   which are filtration systems for each individual 

 6   well, in place now.

 7                They have a committee that has 

 8   formed of businesspeople to try to get themselves 

 9   back having more businesses open up, which 

10   they've really been kind of successful in seeking 

11   new business.

12                The community asked for some money, 

13   $350,000, to expand a water district, which we 

14   have been able to provide.  The project is not 

15   done, but we've helped them there.

16                They've also asked to have a new 

17   highway garage done so that they can refurbish 

18   that -- $1.1 million, which has been approved, 

19   that I've been able to help them with.

20                They've asked for $975,000 for an 

21   ice skating rink, which they really look at where 

22   it's located as economic development, which I 

23   believe has also gotten approval.

24                We've given their fire district 

25   $56,000 to help fix their floor in the fire 


                                                               2911

 1   department, and $90,000 previous to do home tank 

 2   repairs.

 3                Previous to that, I was able to 

 4   secure enough money for their fire departments to 

 5   all get new pagers to help them.

 6                On top of all of this, their nursing 

 7   home has had serious issues, with 100 employees 

 8   and 70 residents that may have to be displaced, 

 9   that I have been working with them for over 

10   six months to make sure that that doesn't happen.  

11   Thanks to Senator Hannon and others who have 

12   assisted, we've been able to give them short-term 

13   monies as they change from the rehabilitation to 

14   a Vermont center.

15                So there's a lot of things 

16   happening.  The DEC and the DOH have really been 

17   phenomenal through this entire process.  And they 

18   are looking, although the water is clean and 

19   potable, probably some of the best in the state, 

20   at this point they are looking for a new water 

21   source to be able to get out of the source that 

22   they're in.  And they've been making improvements 

23   as they have gone forward with that.

24                SENATOR SANDERS:   Will the sponsor 

25   continue to yield, Mr. President?  


                                                               2912

 1                SENATOR MARCHIONE:   Yes.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                I would ask individuals with mobile 

 5   devices to ensure that they're silent.

 6                Senator Sanders, you may continue.

 7                SENATOR SANDERS:   Thank you, sir.

 8                The situation there was as dangerous 

 9   as -- perhaps as dangerous as the infamous Flint, 

10   Michigan, water that we spoke of, that the nation 

11   was speaking of.  Sadly, this situation did not 

12   get as much attention as Flint.  This is as 

13   problematic for our nation as any other area.  

14                And I'm sure that there has been 

15   consideration on how to do this.  Has there been 

16   much consideration of why isn't the state giving 

17   them a grant to deal with this issue instead of 

18   saddling them with additional debt that they did 

19   not deserve?  They didn't bring this on 

20   themselves.  Have we considered requesting -- 

21   have they considered, rather, requesting a grant 

22   from the state in this sum or the necessary sum 

23   necessary to get them out of this hole that they 

24   did not put themselves in and they don't deserve 

25   to be in?


                                                               2913

 1                SENATOR MARCHIONE:   Through you, 

 2   Mr. President, they have requested monies.  

 3   That's where the $220,000 grant from the EFC has 

 4   come from.  So they have done what they can do, 

 5   we all have done what we can do to assist them as 

 6   negotiations continue with Saint-Gobain and 

 7   Honeywell.

 8                SENATOR SANDERS:   Will the sponsor 

 9   yield, Mr. President?  

10                SENATOR MARCHIONE:   Yes.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Marchione yields.

13                SENATOR SANDERS:   I'm understanding 

14   that the $200,000 that the state has put forward, 

15   they would have to pay back after all of these 

16   things.

17                It seems to me that we would really 

18   work on trying to get a proper settlement.  I 

19   understand also that the company that put us all 

20   in this situation has allegedly low-balled their 

21   figure of restitution, and this is leading to the 

22   confusion, the slow movement here.

23                I'm very concerned that these folk 

24   may not be able to get their full money back, 

25   that if they can't make a fair settlement or 


                                                               2914

 1   there's not a fair settlement by the company, 

 2   then the people of New York and these people in 

 3   particular will be saddled with paying for what 

 4   is not theirs.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Sanders, do you have a a question?  Or are you on 

 7   the bill?  

 8                SENATOR SANDERS:   Well, I guess I'm 

 9   on the bill then, sir.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Sanders on the bill.

12                SENATOR SANDERS:   I would say 

13   that -- thank you very much to the sponsor.  

14                I would say that in Niagara Falls 

15   when there was a place of contamination, the 

16   federal government bought an entire neighborhood 

17   out.  And I'm not saying that that is needed 

18   here, but I'm not saying it's not needed here.  I 

19   would need more information.  But it's a model 

20   that we need to have where, if a community did 

21   not cause its problem, they should not be saddled 

22   with the responsibility of dealing with it.  

23                All this shows is that we need a 

24   federal movement on this.  We need a type of 

25   Marshall Plan to deal with the entire bad 


                                                               2915

 1   infrastructure that the U.S. has.  This will not 

 2   be the only place -- Flint and Hoosick Falls will 

 3   not be the only places where we're going to have 

 4   this type of problem.  We're going to have it all 

 5   over as our infrastructure continues to 

 6   deteriorate.

 7                So as much as I am in sympathy for 

 8   the people there, I'm going to be against this -- 

 9   not because I don't think that there is a 

10   settlement or a needed settlement, but because I 

11   don't think that they deserve to have to pay for 

12   that settlement that they didn't put themselves 

13   in, and the company that did may not pay their 

14   fair share to get them out of this one.

15                Thank you very much, Mr. President.  

16   And thank you to the sponsor.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Sanders.

19                Senator Hoylman.

20                SENATOR HOYLMAN:   Yes, thank you, 

21   Mr. President.  Would the sponsor yield for a few 

22   questions?  

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Marchione, do you yield?  

25                SENATOR MARCHIONE:   Yes.


                                                               2916

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Senator yields.

 3                SENATOR HOYLMAN:   Thank you.  

 4   Through you, Mr. President.

 5                As we know, the bill allows the 

 6   village to issue bonds to pay for the water 

 7   contamination issue.  Would the bond money be 

 8   repaid if the companies are found to be liable?

 9                SENATOR MARCHIONE:   The bond money 

10   will be paid back over a 10-year period of time.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Hoylman.

13                SENATOR HOYLMAN:   Will the sponsor 

14   continue to yield?  

15                SENATOR MARCHIONE:   Yes.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Marchione yields.

18                SENATOR HOYLMAN:   The bond money 

19   would be repaid to whom, is my question.  By 

20   whom?  Who would pay?

21                SENATOR MARCHIONE:   The bond is 

22   going to be paid for by the residents of 

23   Hoosick Falls.  That's why I'm bringing the 

24   legislation.  If not bringing this legislation, 

25   they would need to pay that back within a 


                                                               2917

 1   two-year period.  That's what finance law 

 2   determines.  

 3                With this legislation they will have 

 4   10 years to pay it back, which is much better for 

 5   the community.  That's why the village requested 

 6   that I carry the legislation for them.

 7                SENATOR HOYLMAN:   Will the sponsor 

 8   continue to yield?  

 9                SENATOR MARCHIONE:   Yes.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Marchione yields.

12                SENATOR HOYLMAN:   Could the sponsor 

13   explain what the financing mechanism to repay the 

14   bond is?

15                SENATOR MARCHIONE:   All bonds were 

16   paid for through the community when I was a 

17   supervisor, and I can only speak with regard to 

18   that.  It's over a certain period of time, with 

19   interest, you pay the bond back.

20                SENATOR HOYLMAN:   Will the sponsor 

21   continue to yield?

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Marchione, do you yield?

24                SENATOR MARCHIONE:   Yes.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               2918

 1   Senator yields.

 2                SENATOR HOYLMAN:   Through you, 

 3   Mr. President.  Does the legislation authorize 

 4   the imposition of a property tax?

 5                SENATOR MARCHIONE:   I'm sorry, I 

 6   didn't hear.

 7                SENATOR HOYLMAN:   Does the 

 8   legislation authorize the imposition of a 

 9   property tax to help pay the bond?

10                SENATOR MARCHIONE:   I don't think 

11   the village needs authorization for a property 

12   tax.  They need authorization to borrow the 

13   funds.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Hoylman.

16                SENATOR HOYLMAN:   Will the sponsor 

17   continue to yield?

18                ACTING PRESIDENT GRIFFO:   Do you 

19   continue to yield?

20                SENATOR MARCHIONE:   I do.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Marchione yields.

23                SENATOR HOYLMAN:   In Section 3 of 

24   the bill it says that the village is authorized 

25   to levy an annual tax on the properties of the 


                                                               2919

 1   village in an amount sufficient to pay the annual 

 2   debt service on such serial bonds.

 3                SENATOR MARCHIONE:   Oh, it does say 

 4   it.  Yes, it does say it, then.

 5                SENATOR HOYLMAN:   Will the sponsor 

 6   continue to yield?  

 7                SENATOR MARCHIONE:   I do.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR HOYLMAN:  Through you, 

11   Mr. President, what is the interest rate on these 

12   bonds?  

13                SENATOR MARCHIONE:   That will be 

14   negotiated, I'm sure, when they get the bonds.  

15   Interest rates change on a daily basis.

16                SENATOR HOYLMAN:   Will the sponsor 

17   continue to yield?  

18                SENATOR MARCHIONE:   Yes.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR HOYLMAN:  Can the sponsor 

22   point to any direct money that the village 

23   received in this year's State Budget?

24                SENATOR MARCHIONE:   There were some 

25   monies relative to the $220,000.  Not all of that 


                                                               2920

 1   came through EFC.  The DEC commissioner has said 

 2   there are additional funds in the budget.  

 3                I can tell you that I asked for 

 4   $30 million, which is the long-term project to 

 5   fix all of the individual wells in Hoosick Falls, 

 6   as part of the 2017-2018 project.

 7                SENATOR HOYLMAN:   Will the sponsor 

 8   continue to yield?

 9                SENATOR MARCHIONE:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR HOYLMAN:   Through you, 

13   Mr. President.  All due respect, would the 

14   sponsor agree, though, that none of that money 

15   that she just mentioned is actually specifically 

16   named for the Village of Hoosick Falls?

17                SENATOR MARCHIONE:   Through you, 

18   Mr. President.  The bill that I've brought before 

19   us this afternoon is a bill to borrow funds for 

20   10 years, not to discuss -- it doesn't discuss 

21   additional funds, how the Hoosick Falls extra 

22   projects are going to take place.  It is a 

23   home-rule message by the village.  I'm assisting 

24   the community that asked me to in Hoosick Falls.  

25   They have been through a great deal.  And to be 


                                                               2921

 1   asked to assist is exactly what I'm doing.

 2                SENATOR HOYLMAN:   On the bill, 

 3   Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Hoylman on the bill.

 6                SENATOR HOYLMAN:   I want to thank 

 7   my colleague on the other side of the aisle and 

 8   my colleague on my side of the aisle for this 

 9   conversation.

10                I don't have an objection with the 

11   granting of the authority to take out bonds for 

12   this issue.  What I object to is that we're not 

13   doing more.  

14                What I object to is that there isn't 

15   anything specific directed for the Village of 

16   Hoosick Falls.  What I object to is the fact that 

17   we're asking and authorizing the village to take 

18   out bonds to pay for an environmental catastrophe 

19   that wasn't of their own making.  

20                What I object to is that we have 

21   hundreds of millions of dollars for worthy 

22   projects across the State of New York in this 

23   year's budget, but then we're asking the good 

24   folks of the village to borrow to pay for this 

25   dark chapter in New York State environmental 


                                                               2922

 1   history.

 2                I'll be voting in the affirmative, 

 3   but I don't think we should be putting the 

 4   liability on the taxpayers, many of the 

 5   taxpayers who are sick and worried sick, as my 

 6   colleague knows, about the lingering effects of 

 7   the PFOA crisis.  I'll be voting in the positive.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Seeing 

10   and hearing no other Senator that wishes to be 

11   heard, the debate is closed.  

12                The Secretary will ring the bell.

13                (Pause.)

14                ACTING PRESIDENT GRIFFO:   I would 

15   remind members that we have a number of bills on 

16   the controversial calendar, to please stay close 

17   to the chamber.  

18                Read the last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   I'm going 

25   to remind members to stay close to the chamber.  


                                                               2923

 1   We have a number of other bills on the 

 2   controversial calendar.  

 3                Announce the results.  

 4                THE SECRETARY:   Ayes, 60.  Nays, 2.  

 5   Senators Parker and Sanders recorded in the 

 6   negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   Now could you 

11   take up, in order, the controversial reading of 

12   the calendar.

13                ACTING PRESIDENT GRIFFO:   We'll 

14   continue the controversial reading of the 

15   calendar.  

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   441, by Senator Peralta, Senate Print 592B, an 

19   act to amend the Public Health Law.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Krueger.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.

24                If the sponsor would please yield 

25   for some questions.


                                                               2924

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Peralta, do you yield?  

 3                SENATOR PERALTA:   Yes, I do, 

 4   Mr. President.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Senator yields.

 7                SENATOR KRUEGER:  Thank you.  

 8                So this bill has gone through a 

 9   number of prints.  Could the sponsor please tell 

10   me what this bill now mandates?  

11                SENATOR PERALTA:   Sure.  Through 

12   you, Mr. President.  This bill mandates that the 

13   city develop a letter grading system for street 

14   vendors selling food, but also gives the city 

15   lots of leeway in how to actually implement that 

16   program.

17                It talks about letter grades will be 

18   issued in accordance with the existing sanitary 

19   code and will be similar in nature to what 

20   actually happens now with restaurants.  Mobile 

21   vendors are already inspected by the City 

22   Department of Health, as you know, but this will 

23   have the added benefit of informing consumers of 

24   how a particular vendor has scored on its 

25   inspection.


                                                               2925

 1                It also mandates the City Department 

 2   of Health to notify each vendor of what their 

 3   grade is based on the inspection.

 4                It also gives the city permission to 

 5   implement rules relative to the geographic 

 6   location of the street vendors, similar to what's 

 7   done in Los Angeles.  And it also requires that 

 8   if a vendor is to have their license suspended or 

 9   revoked for failing to file location information 

10   eventually required by the city, that a hearing 

11   will be provided the vendor prior to any 

12   revocation.

13                And lastly, the bill exempts soup 

14   kitchen carts and any other charitable food 

15   distribution carts.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President, if the sponsor would please yield.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR PERALTA:   Yes, I do.

21                SENATOR KRUEGER:   Thank you.  

22                So the sponsor just listed out what 

23   the bill would do.  My understanding is the city 

24   does inspect the carts already.  So are there 

25   further inspections called upon by this bill?


                                                               2926

 1                SENATOR PERALTA:   There are no 

 2   further inspections called upon on this bill.  

 3   The city does -- you're right, Senator, the city 

 4   does currently inspect, but they don't provide a 

 5   letter grade similar to what the restaurants have 

 6   currently in place.

 7                SENATOR KRUEGER:   Through you, 

 8   Mr. President, if the sponsor would continue to 

 9   yield.

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR PERALTA:   Yes.

13                SENATOR KRUEGER:   My understanding 

14   is the City Council is working on their own bill.  

15   Does this bill have a home-rule message from the 

16   City Council?

17                SENATOR PERALTA:   The City Council 

18   has been working on a similar bill for many, many 

19   years.  And in fact, I've been working on this 

20   bill for over five years.  And who knows when the 

21   City Council is going to bring something up when 

22   it comes to this.

23                But I have been working with the 

24   City Department of Health, with the commissioner, 

25   and the city is very aware that this is 


                                                               2927

 1   happening.  In fact, I've been working closely 

 2   with the city to make this a reality, and they 

 3   are very supportive of this piece of legislation.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR PERALTA:   Yes.

10                SENATOR KRUEGER:   So based on news 

11   reports, while the City of New York has 4,250 

12   permits out for the food carts and food trucks, 

13   the common wisdom is that there may be as many as 

14   10,000 of these pushcarts and food trucks 

15   operating in the City of New York.

16                How will this bill address the 

17   illegal carts and trucks currently operating in 

18   the City of New York?

19                SENATOR PERALTA:   Well, this is 

20   going to address -- through you, Mr. President, 

21   this is going to address the carts that are 

22   registered currently.  And the idea here is to 

23   make sure that the consumers have a grade that 

24   they can look at and see if it's in their best 

25   interest to eat at that cart or that food truck.  


                                                               2928

 1   Similar to what restaurants have today.

 2                And we're all aware that one of the 

 3   big items of coming to New York City and one of 

 4   the big attractions is really to either have a 

 5   hot dog or have a pretzel or have something from 

 6   a street vendor.

 7                So the idea here is that if we have 

 8   letter grades at these food carts, then the 

 9   consumer will understand and know what are the 

10   best places to eat from.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                SENATOR PERALTA:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR KRUEGER:   Thank you.  Okay.

18                So this bill will give letter 

19   grades, it won't do anything to catch the illegal 

20   vendors who are currently running food carts and 

21   food trucks.  Does this bill assist the 

22   Department of Health to enforce their system any 

23   better, and how?

24                SENATOR PERALTA:   Well, that's the 

25   idea.  I mean, an illegal vendor will not have a 


                                                               2929

 1   letter grade, and that will inform the consumer 

 2   that therefore they shouldn't buy anything from 

 3   the vendor.  Right?  

 4                If there is a letter grade that they 

 5   can look at and say, Hey, this is safe, I can eat 

 6   here, because there's an A or a B or whatever the 

 7   letter grade is, then it's important for them to 

 8   know.  And if they don't have a grade, if they're 

 9   not showing a grade, then why would they purchase 

10   anything at the street vendor?  

11                In fact, we just released a report 

12   today that's "Grades on the Go."  We're talking 

13   about the eight worst street vendors in the City 

14   of New York.  And last year there was a total of 

15   violations issued of 7,861.  And in fact, 

16   25 percent of those in 2016 were multiple 

17   violations.  And if you like, I can even read to 

18   you which ones in whose district has the worst.  

19   Senator Hoylman has a few.

20                SENATOR KRUEGER:   I don't think I 

21   want you to read the whole list, but thank you 

22   for offering.

23                The complaints I actually get in my 

24   district are about the --

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2930

 1   Krueger, are you on the bill.

 2                SENATOR KRUEGER:   I'm sorry, 

 3   Mr. President.  Through you, if the sponsor would 

 4   continue to yield.

 5                SENATOR PERALTA:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.  Go ahead, Senator Krueger.

 8                SENATOR KRUEGER:   Thank you.  

 9                So complaints that I've been getting 

10   in my district involve street trucks that set up 

11   and have propane tanks polluting the air, have 

12   engines running all day to run the cooking 

13   facility, the cooking stove on the truck.

14                Is there anything in this bill that 

15   addresses the problems being caused by trucks 

16   running all day, polluting propane tanks, and the 

17   noise of some of those vehicles parked in the 

18   same locations for hours and hours on end?  

19                SENATOR PERALTA:   Well, this bill 

20   will give the city an opportunity to look into 

21   that.  And that's something that should be 

22   addressed, I agree with you.  

23                In fact, according to the report 

24   that we just released, that I just released, I 

25   have a listing of the 10 most common 


                                                               2931

 1   food-safety-related violations issued in 2016.  

 2   And that's across the City of New York, within 

 3   all boroughs.  

 4                But if specifically you're talking 

 5   about the propane gas, this is why it's important 

 6   for the City of New York and the Department of 

 7   Health to be able to inspect these food vendors, 

 8   these food trucks.  Because if there is no 

 9   inspection, then you're going to have problems 

10   that are going to occur like the problems that 

11   are occurring in your district.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President, if the sponsor would continue to 

14   yield.

15                SENATOR PERALTA:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   Thank you.

19                So again, yes, if they inspect they 

20   can find those things, although again, as the 

21   sponsor already answered my question, they do 

22   inspect.  And this doesn't increase the number of 

23   inspections, it just offers letter grades upon 

24   inspection.  So I'm not sure that it does expand 

25   inspection and discovery.


                                                               2932

 1                But there's a section of the bill 

 2   that describes electronic tracking of the trucks 

 3   and carts.  Could the sponsor please explain to 

 4   me how that's going to work and why that will be 

 5   valuable?

 6                SENATOR PERALTA:   This happens in 

 7   Los Angeles.  So basically it's the city gives 

 8   permission -- the city -- we're giving the city 

 9   permission to implement rules relative to the 

10   geographic location of street vendors.  And 

11   basically what this means is that they will give 

12   the City Department of Health their routes so 

13   that they can inspect the food carts.

14                Now, if we don't know or the city 

15   doesn't know where the carts are, then they won't 

16   be able to inspect them.

17                And this, by the way, has been very 

18   successful in Los Angeles.

19                SENATOR KRUEGER:   Through you, 

20   Mr. President, if the sponsor would continue to 

21   yield.

22                SENATOR PERALTA:   Yes.

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR KRUEGER:   Could the sponsor 


                                                               2933

 1   just clarify to me the system that will be used 

 2   to track?  So are we going to microchip or put 

 3   some kind of tracking device on each vehicle?  I 

 4   just don't quite understand.

 5                SENATOR PERALTA:   No.  The answer 

 6   is no.  

 7                The city has actually asked for this 

 8   provision.  In fact, the mayor has asked for this 

 9   provision, the Department of Health has asked for 

10   this provision.  

11                And this is completely within the 

12   purview of the city in how they implement it.  

13   They can use the example of what's happening in 

14   Los Angeles, or they can use something else, as 

15   long as they have a route of where the inspectors 

16   can meet the street vendors or the food trucks so 

17   they can give them their inspections.

18                So we're not mandating anything.  

19   The only thing that we're doing is we're giving 

20   the city the opportunity to create a system.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, on the bill.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Krueger on the bill.

25                SENATOR KRUEGER:   I want to thank 


                                                               2934

 1   the sponsor for his answers to my questions.

 2                 I have to say I've been advised the 

 3   City Council intends to move their own 

 4   legislation very soon.  And I think this is the 

 5   type of bill that is more appropriately done at 

 6   the local level.  

 7                Having said that, I'm not sure that 

 8   I actually have opposition to the concept of a 

 9   grading system for the food carts.  I just don't 

10   think there's enough meat in this bill to 

11   actually accomplish any real change.  

12                As the sponsor answered, it will 

13   allow consumers to see a letter grade, A, B, C, 

14   so to some degree it offers a -- you know, the 

15   equivalent of a food review, so to speak.  But I 

16   don't believe it goes far enough in ensuring that 

17   the carts and the trucks on the streets of 

18   New York City are in fact licensed at all.  I 

19   don't think that it offers any penalties if you 

20   violate not having the license but you're out on 

21   the streets of New York City.

22                I'm concerned that it doesn't seem 

23   to include penalties if you are violating food 

24   safety standards and also air quality, noise, and 

25   overutilization of parking place standards -- 


                                                               2935

 1   another complaint in my district, that the trucks 

 2   set up and they stay there forever, and there 

 3   might be three or four of them all together 

 4   staying there forever on a particular block.

 5                So I have to say I think there is a 

 6   problem, that increased regulation and food 

 7   safety and air quality and environmental 

 8   standards and licensing actually are important 

 9   and should be promulgated.  I'm just not 

10   convinced that this bill will actually get me any 

11   of the things that I think we need to have in 

12   New York.

13                Having said that, I also understand 

14   the way this bill is written it sort of gives a 

15   roadmap for the city to then decide what kinds of 

16   promulgating rules and regs it might apply, what 

17   kind of tracking, I guess geographic, GPS 

18   tracking it might do.  And perhaps ultimately the 

19   City of New York, the City Council, and the 

20   Legislature will come up with a plan that 

21   actually does make a difference.  So I appreciate 

22   that the sponsor has some of the similar concerns 

23   as I hear from the people of my district.  

24                I don't think this bill in its 

25   current form is going to get us where we need to 


                                                               2936

 1   go, but I actually don't see it doing harm 

 2   either.  And perhaps the City Council will 

 3   quickly move a bill that goes further, 

 4   supersedes.  

 5                So I don't have a reason for people 

 6   to vote no, now that I understand what the bill 

 7   does and doesn't do.  I just wish it actually did 

 8   more than offer a grade.

 9                So I'll vote yes, Mr. President.  

10   Thank you.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Hoylman.

13                SENATOR HOYLMAN:   Would the sponsor 

14   yield for a few questions?

15                ACTING PRESIDENT GRIFFO:   Or as 

16   Senator Díaz would say, Holy-man.

17                SENATOR HOYLMAN:   Yes.  I'm not a 

18   holy man.  He's the holy man.  I'm the Hoylman.

19                (Laughter.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Hoylman on the bill?

22                SENATOR HOYLMAN:   No.  Would the 

23   sponsor yield to a couple of questions?

24                ACTING PRESIDENT GRIFFO:   Sponsor, 

25   will you yield?  


                                                               2937

 1                SENATOR PERALTA:   Yes.

 2                ACTING PRESIDENT GRIFFO:   Okay.  

 3   Senator Hoylman.  

 4                SENATOR HOYLMAN:   I only rise 

 5   because the sponsor mentioned that a report was 

 6   issued -- what was it, today?  

 7                SENATOR PERALTA:   Yes.

 8                SENATOR HOYLMAN:   And would the 

 9   sponsor continue to yield?  

10                SENATOR PERALTA:   Yes.

11                ACTING PRESIDENT GRIFFO:   The 

12   sponsor yields.

13                SENATOR HOYLMAN:   Through you, 

14   Mr. President, you mentioned my district in 

15   particular.  Could you tell me what your report 

16   says?  I'm sincerely curious.

17                SENATOR PERALTA:   Sure.

18                There are -- so that you're aware, 

19   there are three locations in your district that 

20   have a score of 39 or higher in terms of health 

21   inspection violations.  There's one at 115 

22   Central Park West, there's one at 101 West 35th 

23   Street, another one on 1293 Broadway.  And they 

24   would have received a letter grade of C if they 

25   were to have gotten an actual letter grade.


                                                               2938

 1                So I mean the idea here is that if 

 2   they receive a letter grade, and now they receive 

 3   potentially a letter grade of C or lower, the 

 4   street vendor would want to improve his or her 

 5   letter grade, so that way your constituents and 

 6   all the tourists that pass by your district will 

 7   be more than happy to purchase food at those 

 8   street vendors.

 9                SENATOR HOYLMAN:   On the bill, 

10   Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Hoylman on the bill.

13                SENATOR HOYLMAN:   I thank the 

14   sponsor for his answers.  And I appreciate the 

15   fact that a report was done.

16                I would urge us to hit the pause 

17   button.  I mean, the report was just issued.  We 

18   need time to digest the results, no pun intended.

19                In terms of which level of 

20   government is better suited, I think this is an 

21   example of why we have the city, in its wisdom, 

22   the City Council, in its wisdom, examine this 

23   issue.  While there was a report issued just 

24   today, we're voting on this bill just today.  

25   We've had no hearings.  The report has not been 


                                                               2939

 1   shared with the entire Senate -- certainly not me 

 2   or my office.  

 3                And I would think that the City 

 4   Council, which is on the verge of addressing this 

 5   issue itself, would do a better job.

 6                So I would urge the sponsor to 

 7   consider working in collaboration with our 

 8   colleagues at the city level.  The intentions, of 

 9   course, I think we all support, but the 

10   mechanism -- the way this was rolled out, the 

11   fact that we're getting a report the same day 

12   that a bill is introduced -- I think is not the 

13   most effective way, with all due respect, to 

14   legislate New York City's local laws hundreds of 

15   miles away here in Albany.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Stavisky.

18                SENATOR STAVISKY:   On the bill, 

19   Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Stavisky on the bill.

22                SENATOR STAVISKY:   Yeah, I just 

23   want to point out the fact that the City Council 

24   reported the bill out of committee today and it's 

25   on the calendar tomorrow at their stated meeting.  


                                                               2940

 1   So the City Council is going to act very promptly 

 2   on this legislation.

 3                Secondly, I haven't heard any reason 

 4   why the City Council bill is preferable to this 

 5   bill {sic}.  And I think it's going to be a lot 

 6   easier -- if there are going to be changes made 

 7   to the local law passed by the City Council, it's 

 8   going to be a lot easier to change it than to get 

 9   a chapter and change it up here.

10                There is no home rule message from 

11   the city on this legislation.  And I'm inclined 

12   to vote against it for these reasons, that the 

13   City Council is taking care of the problem.  We 

14   have other things that are perhaps even more 

15   important that affect our state.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Comrie.

19                SENATOR COMRIE:   On the bill.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Comrie on the bill.

22                SENATOR COMRIE:   Mr. President, I'm 

23   very concerned about this bill because it would 

24   create an opportunity to make even more -- 

25   legitimize these food vendors that are becoming a 


                                                               2941

 1   scourge in many parts of the city.  They line up 

 2   next to businesses and stay there all day and 

 3   actually take away business from people that are 

 4   paying taxes, that are employing people, that are 

 5   legitimately trying to make a small business work 

 6   in the city.  

 7                I'm afraid that this bill will not 

 8   address any of those issues but will legitimize 

 9   vendors that should not be located in these 

10   places.  We had many hearings when I was in the 

11   City Council about the fact that these vendors 

12   put themselves anywhere they want to be in the 

13   city, and it has not been addressed by any part 

14   of government as of yet.

15                I'm concerned that this bill would 

16   also continue to create opportunities for these 

17   vendors to just be anywhere that they would like 

18   to be in the city, hurting supermarkets, hurting 

19   people that are paying their fair share and also 

20   providing jobs in the city that can be accounted 

21   for, that can be tallied, and that can be -- that 

22   people can relate to.

23                While the food vendors are a 

24   cultural icon and some of them do well, some of 

25   them are even famous in what they do, there are 


                                                               2942

 1   far too many of them that put themselves in 

 2   places that are hurting legitimate businesses.  

 3                So I'm very concerned about this 

 4   bill.  The City Council is voting on it tomorrow.  

 5   I hope that they do the things necessary to 

 6   ensure that these vendors are located in places 

 7   that are not hurting small businesses in the 

 8   city.

 9                I'll be voting no on this bill, 

10   Mr. President.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Comrie.

13                Senator Peralta.

14                SENATOR PERALTA:   Thank you, 

15   Mr. President.  On the bill.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Peralta on the bill.

18                SENATOR PERALTA:   I respect all of 

19   the concerns that are being brought up.

20                And I do know that the City Council 

21   is trying to introduce or trying to pass 

22   something tomorrow.  I've been working on this 

23   bill now for five years with the City of 

24   New York.  

25                And unfortunately, with the city's 


                                                               2943

 1   bill for tomorrow, it doesn't address the whole 

 2   issue of routes.  And the Councilwoman Koslowitz 

 3   bill does not give the authority to the 

 4   Department of Health to find a street vendor so 

 5   that they can get the letter grade.  And that's 

 6   why the City Department of Health has worked with 

 7   us on this piece of legislation.

 8                So that's why the mayor is 

 9   supportive, that's why the City Department of 

10   Health is supportive, because it's taken so long 

11   for this to move in the city.  And not to mention 

12   that this particular bill tomorrow does not allow 

13   the City Health Department to find out the routes 

14   of the vendors.

15                So with that, I also appreciate some 

16   of the concerns that were mentioned and also want 

17   to say that there were some of the members who 

18   have concerns who were actually on the bill 

19   previously.  So I appreciate their support in 

20   years past.

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Seeing 

23   and hearing no other Senator that wishes to be 

24   heard, the debate is closed.  

25                The Secretary will ring the bell.


                                                               2944

 1                Senator DeFrancisco.

 2                May I have some order, please.

 3                SENATOR DeFRANCISCO:   If anyone is 

 4   within the hearing of my voice and they're not in 

 5   chambers, please have the courtesy to come down 

 6   so that we can vote on this bill and continue to 

 7   do some work.  We're going to wait about 30 more 

 8   seconds.  

 9                Thank you.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will read the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect one year after it shall 

14   have become a law.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT GRIFFO:   Announce 

19   the results.  

20                THE SECRETARY:   In relation to 

21   Calendar 441, those recorded in the negative are 

22   Senators Comrie, DeFrancisco, Murphy, O'Mara and 

23   Tedisco.

24                Ayes, 57.  Nays, 5.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2945

 1   is passed.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Yes, could we 

 4   return to motions and resolutions, please.

 5                ACTING PRESIDENT GRIFFO:   We will 

 6   return to motions and resolutions.

 7                SENATOR DeFRANCISCO:   On page 19 I 

 8   offer the following amendments to Calendar 394, 

 9   Senate Print 3651, by Senator Felder, and ask 

10   that said bill retain its place on the Third 

11   Reading Calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   amendments are received, and the bill shall 

14   retain its place on third reading.

15                Senator DeFrancisco.  

16                SENATOR DeFRANCISCO:    

17   Mr. President, could you please lay aside the 

18   balance of the bills that are on the calendar for 

19   the day.

20                ACTING PRESIDENT GRIFFO:   The 

21   balance of the bills that were on the 

22   controversial reading of the active list have 

23   been laid aside for the day.

24                SENATOR DeFRANCISCO:   Is there any 

25   further business at the desk?


                                                               2946

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   DeFrancisco.

 3                SENATOR DeFRANCISCO:   Is there any 

 4   further business at the desk?

 5                ACTING PRESIDENT GRIFFO:   There is 

 6   no further business currently at the desk.

 7                SENATOR DeFRANCISCO:   I think he 

 8   ran out, but it's Senator Ortt's birthday today.  

 9   You can clap for him when you see him next.

10                (Applause.)

11                ACTING PRESIDENT GRIFFO:   We 

12   extend our best wishes to Senator Ortt on his 

13   birthday.

14                SENATOR DeFRANCISCO:   And it's not 

15   my birthday.

16                All right, no further business 

17   before the Senate?

18                ACTING PRESIDENT GRIFFO:   At your 

19   age you don't want any more birthdays, right, 

20   Senator DeFrancisco?  

21                (Reaction from floor.)

22                SENATOR DeFRANCISCO:   Oh, I don't 

23   know.

24                ACTING PRESIDENT GRIFFO:   He's a 

25   very spry young man.


                                                               2947

 1                SENATOR DeFRANCISCO:   I understand 

 2   that there's no further business at the desk.  

 3                ACTING PRESIDENT GRIFFO:   There is 

 4   no further business before the desk.

 5                SENATOR DeFRANCISCO:   In that case, 

 6   I move to adjourn until Wednesday, May 24th, at 

 7   11:00 a.m.

 8                ACTING PRESIDENT GRIFFO:   On 

 9   motion, the Senate will stand adjourned until 

10   Wednesday, May 24th, at 11:00 a.m. 

11                The Senate is adjourned.

12                (Whereupon, at 5:26 p.m., the Senate 

13   adjourned.)

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