Regular Session - May 24, 2017

                                                                   2948

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 24, 2017

11                     11:50 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR FRED AKSHAR, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2949

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

 2                ACTING PRESIDENT AKSHAR:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT AKSHAR:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT AKSHAR:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Tuesday, May 23rd, the Senate met pursuant to 

18   adjournment.  The Journal of Monday, May 22nd, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT AKSHAR:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               2950

 1                Reports of standing committees.

 2                I'm going to return to messages 

 3   from the Assembly.

 4                The Secretary will read the 

 5   substitutions.

 6                THE SECRETARY:   On page 70, 

 7   Senator DeFrancisco moves to discharge, from the 

 8   Committee on Energy and Telecommunications, 

 9   Assembly Bill Number 6527A and substitute it for 

10   the identical Senate Bill 4497A, Third Reading 

11   Calendar 763.

12                On page 82, Senator Hannon moves to 

13   discharge, from the Committee on Health, 

14   Assembly Bill Number 6743 and substitute it for 

15   the identical Senate Bill 4779, Third Reading 

16   Calendar 899.

17                On page 93, Senator Murphy moves to 

18   discharge, from the Committee on Investigations 

19   and Government Operations, Assembly Bill Number 

20   7701 and substitute it for the identical Senate 

21   Bill 6004, Third Reading Calendar 1014.

22                On page 97, Senator Alcantara moves 

23   to discharge, from the Committee on Consumer 

24   Protection, Assembly Bill Number 898B and 

25   substitute it for the identical Senate Bill 


                                                               2951

 1   5390B, Third Reading Calendar 1057.

 2                ACTING PRESIDENT AKSHAR:   The 

 3   substitutions are so ordered.

 4                Reports of standing committees.

 5                Reports of select committees.

 6                Communications and reports from 

 7   state officers.  

 8                Motions and resolutions.

 9                Mr. Floor Leader.

10                SENATOR LaVALLE:   Yes, would you 

11   recognize Senator Valesky, please.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Valesky.

14                SENATOR VALESKY:   Thank you, 

15   Mr. President.  

16                On behalf of Senator Alcantara, on 

17   page 87 I offer the following amendments to 

18   Calendar 950, Senate Bill 5500B, and ask that 

19   said bill retain its place on the Third Reading 

20   Calendar.

21                ACTING PRESIDENT AKSHAR:   The 

22   amendments are received, and the bill shall 

23   retain its place on the Third Reading Calendar.

24                SENATOR VALESKY:   I also move to 

25   amend my bill, Senate Bill 4480A, by striking 


                                                               2952

 1   out the amendments made on April 26th and 

 2   restoring it to its original print, 4480.

 3                ACTING PRESIDENT AKSHAR:   So 

 4   ordered.

 5                SENATOR VALESKY:   Thank you.

 6                ACTING PRESIDENT AKSHAR:   Mr. Floor 

 7   Leader.

 8                SENATOR LaVALLE:   Yes, can we take 

 9   up a previously adopted resolution by Senator 

10   Marchione, Resolution 2274, and just read the 

11   title only and then recognize Senator Marchione.

12                ACTING PRESIDENT AKSHAR:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 2274, by Senator Marchione, 

16   honoring New York State's World War II veterans 

17   for their bravery in service to their country.

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Marchione.

20                SENATOR MARCHIONE:   Mr. President 

21   and my colleagues, I rise to speak on the 

22   resolution before us, one that I'm very proud to 

23   sponsor.

24                Soldiers from New York State fought 

25   in the important battles of World War II, 


                                                               2953

 1   especially the Battle of Iwo Jima.  United States 

 2   armed forces defeated the Japanese army during 

 3   some of the most ferocious fighting of the war.  

 4                We are honored to have with us six 

 5   of the heroes from the Battle of Iwo Jima with us 

 6   today.  With us today are Francis "Dick" Varone 

 7   and Carlo Valenti of Troy, who are my 

 8   constituents; George Ross of Clifton Park and 

 9   Dr. Tom Smith and Sal Famularo of Glenville, from 

10   Senator Tedisco's district; and Thomas Lemme of 

11   Albany, from Senator Breslin's district.

12                I would like to speak of my 

13   constituents', Mr. Varone and Mr. Valenti's 

14   honorable, courageous service, as I am sure my 

15   colleagues will likewise speak of their 

16   constituents' valor.

17                Mr. Varone served with pride and 

18   honor in the United States Marine Corps with the 

19   12th 155mm Gun Battalion, Fleet Marine Force 

20   Pacific, and was attached to the 5th Marine 

21   Division of Iwo Jima.  He was a field radio 

22   operator and served as a forward observer on 

23   Iwo Jima.  Mr. Varone landed on Green Beach One 

24   at the foot of Mt. Suribachi, and fought on the 

25   island the entire 36 days and saw both flag 


                                                               2954

 1   raisings.

 2                While bomb shrapnel wounded 

 3   Mr. Varone during an air field bombardment, he 

 4   actually patched himself up -- as, in his words, 

 5   "There were a lot of guys worse off than me" -- 

 6   and he kept on fighting.  

 7                Mr. Varone never put in for the 

 8   Purple Heart.  He did receive the Asiatic-Pacific 

 9   Campaign Ribbon, one star, and a New York State 

10   Medal for Merit.  

11                Mr. Varone lives in Troy and meets 

12   with his Iwo Jima comrades for lunch.  

13                Next, Carlo Valenti of Troy, who 

14   also resides in my Senate district.  Mr. Valenti 

15   served with Company B, 28th Marine Regiment, 

16   5th Marine Division.  Mr. Valenti was an 

17   accomplished boxer in the Marine Corps, earning 

18   the nickname Duke.  

19                He landed on Iwo Jima on February 

20   19, 1945, D-Day, at 11 a.m.  In the final days of 

21   the Iwo Jima campaign, Mr. Valenti was severely 

22   wounded by Japanese machine gun fire, which 

23   resulted in a months-long period of convalescence 

24   and physical therapy.  Six decades later, 

25   Mr. Valenti's wounds required surgery, which 


                                                               2955

 1   unfortunately led to some neurological 

 2   complications.  

 3                We salute Carlo Valenti's courage 

 4   under fire and his incredible fortitude, and we 

 5   thank him for his dedicated, faithful service to 

 6   our nation.  

 7                Thank you both, and our thanks to 

 8   all of you for your courageous service to our 

 9   nation.  You are the Greatest Generation, and we 

10   are honored to be in your company.

11                I also would like to recognize and 

12   thank the Patriot Guard for all their hard work, 

13   support, and concern for these veterans and all 

14   of America's veterans today and every day.

15                Mr. President, I would ask that you 

16   will be calling on Senator Tedisco and 

17   Senator Breslin on this resolution as well.

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Tedisco.

20                SENATOR TEDISCO:   Thank you, 

21   Mr. President.  

22                Mr. President and my colleagues, 

23   please welcome my constituents from the 

24   49th Senate District, Dr. Tom Smith and Sal 

25   Famularo from Glenville and George Ross from 


                                                               2956

 1   Clifton Park, who are also World War II veterans 

 2   and survivors of the Battle of Iwo Jima.  

 3                These Marine Corps veterans are 

 4   members of that Greatest Generation of World War 

 5   II veterans who answered their nation's call to 

 6   service that saved our world and the American way 

 7   of life from falling into darkness.  

 8                Dr. Tom Smith saw combat in Saipan, 

 9   Tinian, the Marshall Islands, and Iwo Jima with 

10   the 4th Marine Division.  He was wounded four 

11   times and is a recipient of the Purple Heart.  

12   Dr. Smith fought in the Battle of Iwo Jima for 

13   36 days, which is stunning considering the 

14   crushing number of Marine fatalities during that 

15   battle.

16                He was part of a short-lived, 

17   specially trained elite Marine unit called the 

18   Raiders, which operated behind enemy lines.  

19   Dr. Smith was present on Iwo Jima for both flag 

20   raisings of the American flag on the island.  The 

21   photograph of that second flag raising, as you 

22   know, became an iconic image from World War II.  

23                Sal Famularo also served in the 4th 

24   Marine Division and fought in Iwo Jima, Saipan, 

25   and Tinian, and is a Purple Heart recipient.


                                                               2957

 1                While fighting on Iwo Jima, Sal was 

 2   wounded and nearly lost his life, if not for the 

 3   actions of a tank commander who told him to lie 

 4   down on the ground so the tank could drive over 

 5   the Marine, and then actually pulled Sal through 

 6   a hatch at the bottom of the tank.

 7                While Dr. Smith and Mr. Famularo 

 8   served in Iwo Jima at the same time, they did not 

 9   meet until years later when they were shopping at 

10   the Glenville Walmart and Dr. Smith noticed that 

11   Sal was wearing a Marine Corps hat.  So Dr. Smith 

12   walked up to Sal and said, "What's that fancy hat 

13   all about?"  He was going to tweak him a little 

14   bit.  "Who do you think you are?"  Sal said, "I'm 

15   a Marine.  Who do you think you are?"  And of 

16   course Dr. Tom said "And I'm a Marine."  And then 

17   they came together and discussed their adventures 

18   out there, and their combat, and they have become 

19   since the best of friends.  That's what you get 

20   when you're shopping at Walmart sometimes.  

21                (Laughter.)

22                SENATOR TEDISCO:   Ironically, 

23   before the war Tom Smith -- and this is ironic -- 

24   worked in Schenectady at the ALCO plant, where 

25   they built the very tanks and the tank hatches 


                                                               2958

 1   that were on the tanks that saved Sal Famularo's 

 2   life.  And Dr. Smith actually worked on that 

 3   hatch that Sal was pulled through in the bottom 

 4   of that tank.

 5                From Clifton Park, we also have 

 6   George Ross, who served in the 3rd Marine 

 7   Division in Guam and Iwo Jima.  George Ross was 

 8   tasked with laying down covering fire with his 

 9   Browning automatic rifle to protect American 

10   flamethrower operators as they advanced on 

11   Japanese positions.  Like Dr. Smith, George Ross 

12   witnessed the second flag raising on Iwo Jima.  

13                The efforts of Dr. Smith, Sal 

14   Famularo, and George Ross, as part of the best, 

15   brightest, most courageous and compassionate 

16   fighting force for good in the world, the men and 

17   women of the American armed forces, has allowed 

18   us to fully live the freedom and liberty that is 

19   the foundation of what makes America great.

20                God bless them and all of our 

21   veterans who have given us everything we hold 

22   dear as Americans.  Please join me, Mr. President 

23   and my colleagues and all in this august chamber, 

24   in welcoming them and offering them all the 

25   cordiality of this august body.


                                                               2959

 1                ACTING PRESIDENT AKSHAR:   Thank 

 2   you, Senator Tedisco.

 3                Senator Sanders.

 4                SENATOR SANDERS:   Thank you, 

 5   Mr. President.  I rise as a Marine recognizing 

 6   fellow Marines.  

 7                My friends, feast your eyes.  This 

 8   is the gold standard of the Marine Corps.  When 

 9   we study how to do and what courage under fire, 

10   we study what these folk did -- 17-year-olds, 

11   18-year-olds.  Some 15-year-olds snuck in.  We 

12   study how individually people can fall apart, but 

13   collectively they hold together.

14                What these folk did on some islands 

15   that we can barely pronounce and no one knows 

16   where they are sent a message to the 

17   Japanese Empire that their day was finished and 

18   it was just a matter of time.

19                I wish we had the pleasure of 

20   shaking hands -- and I encourage all of us, we 

21   need to shake these gentlemen's hands.  Maybe it 

22   will rub off if we could just shake their hands 

23   and learn what it means to work together, what it 

24   means to come from all kinds of different 

25   backgrounds and decide that a goal is larger than 


                                                               2960

 1   ourselves.  

 2                Sometimes we lose contact here.  

 3   Sometimes we get into our little conferences and 

 4   we lose the idea that we're here for the American 

 5   people, that we're here to make sure that 

 6   something larger than ourselves takes place.  

 7                We're looking all over the world -- 

 8   you can look at Manchester, England, you can look 

 9   all over.  There are those who are out there to 

10   say that this idea of democracy needs to perish.  

11   And it's going to take the best of all of us.  

12   It's going to take all of us becoming something 

13   greater than we are, something that we can ignore 

14   the smaller things about where we came from and 

15   understand we are here today.  

16                And if we could just remember their 

17   sacrifice.  And if we could go deeper still.  

18   Remember the sacrifices of the fellows who are 

19   not here with them, the fellows -- and women -- 

20   who are buried over there that we never will 

21   find.  And if we can remember those things, then 

22   perhaps we may earn the title of America.  

23                And perhaps if we can just remember 

24   what these guys did, where they held the line, 

25   where the Japanese were dug in -- the worst thing 


                                                               2961

 1   you can do in the military is to attack an 

 2   entrenched force, and that's exactly what these 

 3   guys did.  You heard one person was recon.  He 

 4   was reconnaissance in there.  They called them 

 5   the Raiders.  Another guy is up there blowing up 

 6   caves.  Hard core.

 7                My friends, I -- you know, again, my 

 8   hat is just off to a group of people.  And one 

 9   thing about them:  The closer you've been to war, 

10   the less you brag about it.  It's those people 

11   who have never been to war who are so anxious to 

12   send everybody into war.

13                Let us all say that before we ever 

14   send anyone into war, America has true interests 

15   at stake that are worth the blood and the 

16   treasure of this country, the blood of its best.

17                Gentlemen, I'm so glad that you have 

18   lived to get to the age that you have.  I'm sure 

19   that heaven's doors will open up, because you 

20   certainly have served your time in hell.

21                Mr. President, I want to thank you 

22   for the opportunity.  And Senator Marchione, you 

23   really did a good thing today by bringing these 

24   folk forward, so I'm really grateful that you 

25   were able to do that.


                                                               2962

 1                Gentlemen, again, I salute you.  

 2   Mr. President, thank you very much.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Sanders, thank you.

 5                Senator Breslin.

 6                SENATOR BRESLIN:   Thank you very 

 7   much, Mr. President.

 8                I join to point out Tom Lemme, a 

 9   fellow Albanian.  And Tom was a member of 

10   Company G, 25th Marine Regiment, 4th Marine 

11   Division.

12                And before I start to tell you just 

13   an episode or two about Tom, his son has been a 

14   friend of mine, Nick Lemme over there, for close 

15   to 40 years.  I never knew about his father's 

16   exploits.  I never knew about them.  And that's a 

17   good example of the Greatest Generation.  They 

18   didn't talk about what they did in war.  They 

19   didn't talk about going off to war at a young 

20   age, ending up -- ending up in an area where it 

21   was entrenched, as Senator Sanders said.  And the 

22   enemy, the Japanese, were entrenched in caves.  

23                And one of Tom's jobs was to go by 

24   himself 20, 30 yards ahead of his fellow soldiers 

25   to drop grenades into caves.  I can only imagine 


                                                               2963

 1   what was going through your head as you were 

 2   advancing those yards to throw a grenade into a 

 3   cave.

 4                And on one of those occasions before 

 5   he launched he was in a foxhole, and a Japanese 

 6   grenade went into that foxhole, killing one of 

 7   his friends and embedding shrapnel in the chest 

 8   of Tom which is still there today.

 9                And Tom came back, like one of the 

10   Greatest Generation, and became an important part 

11   of the Albany community and raised a family, 

12   worked hard -- produced my friend Nick, among 

13   others -- but quietly went about his way, never, 

14   ever tooting his own horn.

15                And it's a wonderful position for us 

16   to be in to say to each and every one of you, Tom 

17   and your fellow comrades, thank you for all 

18   you've done to make us be able to be here, free 

19   of war, to be able, many of us -- most of us, 

20   including me -- not being a part of war, but 

21   being able to be here because of you.  

22                So I salute each and every one of 

23   you and in particular my fellow Albanian 

24   Tom Lemme.  Thank you, Tom.  Semper fi.

25                ACTING PRESIDENT AKSHAR:   Thank 


                                                               2964

 1   you, Senator.  

 2                Seeing no other members wishing to 

 3   speak to the brave and amazing warriors with us 

 4   today, on behalf of this great house and the 

 5   people of this great state, I thank you for your 

 6   bravery and your service to the greatest country 

 7   on earth.  We extend all the courtesies and the 

 8   privileges of the house to each of you.  

 9                And I ask every member of the house 

10   please rise and welcome these warriors.

11                (Standing ovation.)

12                ACTING PRESIDENT AKSHAR:   Mr. Floor 

13   Leader.

14                SENATOR DeFRANCISCO:   Yes, this is 

15   opened up for cosponsorship.  And in this case, 

16   if you do not want to be a cosponsor, please 

17   notify the desk.

18                ACTING PRESIDENT AKSHAR:   The 

19   resolution is opened up for cosponsorship.  If 

20   you do not wish to be a cosponsor, please notify 

21   the desk.

22                SENATOR DeFRANCISCO:   Could we now 

23   take up previously adopted Resolution 318, by 

24   Senator Little, read the title only, and call on 

25   Senator Little to speak.


                                                               2965

 1                ACTING PRESIDENT AKSHAR:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 318, by Senators Little and 

 5   Marchione, congratulating the Cambridge High 

 6   School Varsity Football Team upon the occasion of 

 7   capturing the New York State Class D 

 8   Championship.

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Little on the resolution.

11                SENATOR LITTLE:   Thank you, 

12   Mr. President.  

13                And I'm really proud to be welcoming 

14   the Cambridge Football Team here today.  And I 

15   think it's really great that you are here today 

16   to also experience having these gentlemen who 

17   served in Iwo Jima.  That's something you don't 

18   often see, and it certainly will be one thing 

19   you'll remember from the day, along with a few 

20   other things, I hope.

21                I would like to ask the lady and 

22   gentlemen in the Cambridge Football Team to 

23   please stand.  And for those in the chamber, this 

24   is the first time I am introducing a female 

25   football player, Helen Mooney, who's up here, is 


                                                               2966

 1   their place kicker and set a record this year for 

 2   female football players.

 3                (Applause.)

 4                SENATOR LITTLE:   Helen has been 

 5   part of the football team and welcomed by all of 

 6   her colleagues and teammates and had a wonderful 

 7   season, and we were all very proud of her 

 8   performance and how well she did.

 9                The Cambridge High School Indians 

10   won the Class D Football Championship.  They were 

11   one of three Section II teams to win a state 

12   championship -- also Troy, Glens Falls and 

13   Cambridge out of Section II.  They played 

14   Maple Grove on November 25, 2016, in the 

15   Carrier Dome.  

16                I did not attend the game because I 

17   was out of town, but I did follow it on the 

18   Post-Star tweet.  And I will tell you, it was one 

19   of the most exciting football games anybody has 

20   ever had.  At the end of the game, the score was 

21   7-7.  At the end of the first overtime, the score 

22   was 14-14.  With very little time left in the 

23   second overtime, their coach, Doug Luke, decided 

24   to forgo the extra-point kick to tie the game and 

25   instead try a two-point conversion to win the 


                                                               2967

 1   game -- and they did.  So excitement galore going 

 2   on with that.

 3                As a matter of fact, USA Today noted 

 4   and called Doug Luke a gutsy -- said that that 

 5   was a gutsy call as they named him the New York 

 6   State Coach of the Year.

 7                This championship capped an 

 8   incredible undefeated season in which the 

 9   Cambridge Indians outscored their opponents by an 

10   average of 55 to 8.  They had tremendous support 

11   by their families, by the town, by the 

12   businesses.  I attended the parade and believe 

13   me, Cambridge was orange and black that day, with 

14   the colors and everyone out to cheer them on.

15                As we know, athletics instill the 

16   values of teamwork, discipline, perseverance and 

17   sportsmanship, and the lessons that they learned 

18   on the field are just as valuable to them as they 

19   go through life.  And the lesson that they had of 

20   taking a chance at the right moment is something 

21   these football players will always, always 

22   remember and carry forth with them as they go 

23   forward in life.  

24                I would like to read their names so 

25   we have them in the record, but this is such a 


                                                               2968

 1   special occasion to have them here and celebrate 

 2   with them their wonderful championship.  The 

 3   coaches that coached with Doug Luke were Adam and 

 4   Chad Burr, Dan Severson and Don Record, all the 

 5   assistants -- and a lot of time and effort.

 6                Cambridge has always been known for 

 7   their football.  And this wasn't the first time 

 8   they have won a state championship, but this was 

 9   definitely the most exciting.  

10                The members of the team here today 

11   are Brenden Holcomb, Hunter Day, Zachary Rowland, 

12   Tommy English, Bradley Rowland, Maurice Seymore, 

13   Jonas Butz, Helen Mooney, Calvin Schneider, 

14   Colton Dean, Kaedin Ogilvie, Kyle Spiezio, Dakota 

15   Green, Ryan McLenithan, Nick Hamilton, Jr., 

16   Gabriel Sgambettera, Nathan Genevick, Noah 

17   Nemier, Christian Hunt, Patrick Hughes, Carter 

18   Benson, Maxwell Hoffer, Samuel Starks, Brett 

19   Lemieux, Jordan Dean, Andrew Elsworth, Michael 

20   Baker, Brady Lybert, Lucas Winchester, L.J. 

21   Johnson, Keenan McCauley, Shawn Lemieux, Jacob 

22   Peters and Soyer Mattson.

23                As you can see, football is alive 

24   and well in Cambridge, New York, with so many 

25   team members but such camaraderie and such joy in 


                                                               2969

 1   work that they have done.  So I am very proud and 

 2   honored to have you here today and to be able to 

 3   say great job, congratulations.

 4                Thank you.  

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Little, thank you.

 7                Senator Marchione.

 8                SENATOR MARCHIONE:   Thank you.  

 9                I rise to speak on the resolution as 

10   well, as Cambridge is located within the 

11   43rd Senate District, which of course we share, 

12   with you probably living in both Senator Little's 

13   district and mine.

14                I just want to add my voice to the 

15   tremendous things that the Senator has already 

16   said.  My congratulations to your team.  You had 

17   an amazing season and an exciting finish, and the 

18   risk that you took is indicative of the 

19   discipline you had and all the hard work that you 

20   did.  It actually came down to saying, I'm going 

21   to risk this to get the glory.  That is exactly 

22   what you did.

23                I add my congratulations to you and 

24   your coaches, to your amazing families, who I 

25   understand gave you such great support.  


                                                               2970

 1   Congratulations to all of you.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT AKSHAR:   Thank 

 4   you, Senator Marchione.

 5                To the Cambridge High School Varsity 

 6   Football Team, we congratulate you on your 

 7   Class D Championship.  We welcome you to the 

 8   New York State Senate.  We extend all the 

 9   privileges and the courtesies of the house.  

10                Please rise and salute these young 

11   men and women.

12                (Standing ovation.)

13                ACTING PRESIDENT AKSHAR:   Mr. Floor 

14   Leader.

15                SENATOR DeFRANCISCO:   Could you now 

16   recognize Senator Parker for an introduction.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Parker.

19                SENATOR PARKER:   Thank you, 

20   Mr. President.

21                A quick introduction.  Let me begin 

22   by greeting everybody in the words of peace:  

23   As-salamu alaykum.

24                As many of you probably know, the 

25   State of New York has the largest population of 


                                                               2971

 1   Muslim Americans in the entire United States.  

 2   And we are coming on the most important and 

 3   significant holiday in the Muslim community, 

 4   which is Ramadan.  

 5                Ramadan is one of the five pillars 

 6   of Islam.  It is a high holy time of fasting, 

 7   development of self-control, and of charity.  And 

 8   this year it's actually starting this Friday, 

 9   May 26, and ending the evening of June 24th.

10                Today we are joined by community 

11   members from the Masjid As-Salam Mosque (the 

12   House of Peace) of Albany; the Masjid Al-Hidaya 

13   Islamic Community Center of Troy and Latham, 

14   New York; the Masjid Al-Arqam Mosque of 

15   Clifton Park-Halfmoon; and the Masjid Islamic 

16   Center of the Capital District.  

17                And the purpose of these masjids are 

18   to serve as a bridge between the Muslim and the 

19   non-Muslim communities here in the tri-city area, 

20   to promote mutual learning and understanding.  

21                And so today we are joined by Imam 

22   Abdulkadir Elmi, who has been imam and khateeb at 

23   mosques in Montana, Arkansas, Virginia and 

24   New York State; Imam Jafer Sebkhaoui, who is the 

25   Muslim chaplain at Rensselaer Polytechnic 


                                                               2972

 1   Institute; and Imam Abdul Rahman Yaki, who is 

 2   imam and director of the Islamic Research and 

 3   Humanitarian Services Center and serves as imam 

 4   for the Department of Correctional Services.  

 5                And so they are here with us today 

 6   and I just wanted to acknowledge them and thank 

 7   them for their service to both the Capital Area 

 8   and to the State of New York.

 9                Thank you.

10                ACTING PRESIDENT AKSHAR:   Thank 

11   you, Senator Parker.  

12                Mr. Floor Leader.

13                SENATOR DeFRANCISCO:   Yes, I have a 

14   motion to recommit.  

15                I move to recommit Senate Print 

16   Number 5854, Calendar Number 1322 on the order of 

17   second report, to the Committee on Consumer 

18   Protection.  It's a bill by Senator Robach.

19                ACTING PRESIDENT AKSHAR:   So 

20   ordered.

21                SENATOR DeFRANCISCO:   Can we go 

22   back to messages from the Assembly.

23                ACTING PRESIDENT AKSHAR:   Messages 

24   from the Assembly.

25                The Secretary will read.


                                                               2973

 1                THE SECRETARY:   The Assembly sent 

 2   for concurrence the following bill.  On motion by 

 3   Senator Flanagan, the rules were suspended and 

 4   said bill ordered to third reading:  Assembly 

 5   Bill Number 7245.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is before the house.  The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1359, by Member of the Assembly Kavanagh, 

10   Assembly Print 7245, an act to amend Chapter 557 

11   of the Laws of 2001.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                Mr. Floor Leader.

23                SENATOR DeFRANCISCO:   Can we now 

24   take up previously adopted -- oops, she's not 

25   here.


                                                               2974

 1                Can we stand at ease for a moment, 

 2   please.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   Senate will stand at ease.  

 5                (Whereupon, the Senate stood at ease 

 6   at 12:20 p.m.)

 7                (Whereupon, the Senate reconvened at 

 8   12:21 p.m.)

 9                ACTING PRESIDENT AKSHAR:   Mr. Floor 

10   Leader.

11                SENATOR DeFRANCISCO:   Can we now 

12   take up previously adopted Resolution 1433, by 

13   Senator Phillips, read the title only, and then 

14   please call on Senator Phillips.

15                ACTING PRESIDENT AKSHAR:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 1433, by Senator Phillips, 

19   commemorating the observance of Yom Yerushalayim, 

20   Jerusalem Day, on May 24, 2017.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Phillips on the resolution.

23                SENATOR PHILLIPS:   Thank you.  

24   Thank you, Mr. President.  Thank you, my 

25   colleagues.  


                                                               2975

 1                Today, May 24th, is the 50th 

 2   anniversary of the reunification of Jerusalem.  

 3   The very name Jerusalem resonates in the hearts 

 4   of the Jewish, Muslim and Christian people around 

 5   the world.  It's one of the oldest cities in the 

 6   world, and the eternal capital of the Jewish 

 7   people.  It's been conquered, it's been 

 8   destroyed, it's been rebuilt repeatedly over the 

 9   course of history.

10                Starting in 1948, Jewish people were 

11   denied the freedom to worship at their holiest 

12   sites, an exile that lasted nearly 20 years.  In 

13   1967, the besieged State of Israel overcame its 

14   Arab adversaries and outnumbered them in the 

15   Six-Day War.  During that time Israel's forces 

16   entered into the Old City and returned the 

17   spiritual and physical City of Jerusalem into the 

18   eternal, indivisible capital of the State of 

19   Israel.

20                I urge all my colleagues to take a 

21   moment and reflect on the importance of the 

22   reunification of Jerusalem and how the ideals of 

23   respect, tolerance, honor and love are embodied 

24   by this timeless city.

25                Last year I had the good fortune to 


                                                               2976

 1   visit Jerusalem, which has become a great 

 2   international city over the last 50 years.  It's 

 3   an experience I will always treasure.  I am proud 

 4   to join with the Jewish people around the world 

 5   in celebrating this significant anniversary.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT AKSHAR:   Thank 

 8   you, Senator Phillips.

 9                Mr. Floor Leader.

10                SENATOR DeFRANCISCO:   Yes, can we 

11   now take up the reading of the noncontroversial 

12   calendar.

13                ACTING PRESIDENT AKSHAR:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   220, by Senator Griffo, Senate Print 2538A, an 

17   act to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               2977

 1   the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   361, by Senator Bonacic, Senate Print 1002, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 120th day.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Krueger to explain her vote.

17                SENATOR KRUEGER:   Thank you, 

18   Mr. President.  I rise to explain my no vote.  

19                Because while conceptually one might 

20   think this is a good plan, what we have learned 

21   from the School Boards Association and many 

22   different individual school districts is that 

23   this kind of mandate will actually put them into 

24   a bind for their decisions about their school 

25   budgets and capital plans, and that they've all 


                                                               2978

 1   been suffering from a reduction in the number of 

 2   voters who come out for these elections and so 

 3   they feel very strongly that they need the 

 4   flexibility to make the right decisions for 

 5   themselves.

 6                So one might say this is creating a 

 7   problem rather than addressing a problem.  

 8                So I'll vote no, Mr. President.  

 9   Thank you.

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Krueger to be recorded in the negative.

12                Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar 361, those recorded in the negative are 

15   Senators Alcantara, Avella, Bailey, Breslin, 

16   Brooks, Comrie, Croci, Dilan, Gianaris, Hamilton, 

17   Helming, Hoylman, Kaminsky, Kennedy, Krueger, 

18   Latimer, Montgomery, Parker, Peralta, Persaud, 

19   Ranzenhofer, Rivera, Sanders, Serrano, Squadron, 

20   Stavisky and Stewart-Cousins.

21                Ayes, 34.  Nays, 27.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   396, by Senator Klein, Senate Print 4173A, an act 


                                                               2979

 1   to amend the Administrative Code of the City of 

 2   New York.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 90th day.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Results.

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

12   Senator Montgomery recorded in the negative.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   420, by Senator Croci, Senate Print 944, an act 

17   to amend the Military Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               2980

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 420, those recorded in the negative are 

 4   Senators Comrie, Dilan, Gianaris, Hoylman, 

 5   Krueger, Montgomery, Parker, Persaud, Rivera and 

 6   Stavisky.

 7                Ayes, 51.  Nays, 10.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   513, by Senator Lanza, Senate Print 2599, an act 

12   to amend the Real Property Tax Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Results.

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   599, by Senator Seward, Senate Print 426, an act 


                                                               2981

 1   to amend the Insurance Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Krueger, you wish to explain your vote?  

11                SENATOR KRUEGER:   Thank you, 

12   Mr. President, I do wish to explain my vote.

13                I have debated this bill in the past 

14   with the sponsor, and I will just highlight for 

15   people on the floor why I continue to be a no 

16   vote.

17                New York State has stronger consumer 

18   protections under our Insurance Law than most 

19   states in the country.  That's a good thing for 

20   the people of New York State.  We have greater 

21   protections, we have more likelihood that when we 

22   are paying insurance companies and then we need a 

23   payment back from them, they will actually have 

24   to pay.

25                This compact would establish 


                                                               2982

 1   national standards for all insurance policies, 

 2   including in New York State.  It would take 

 3   decision-making away from the Legislature, who 

 4   sets the insurance policy now, and hand it to an 

 5   unelected group of commissioners from a national 

 6   board.  It's very vague about if we disagreed 

 7   because their standards were weaker than ours, 

 8   whether we got to override it.  In fact, they 

 9   threw Florida out of the compact when Florida 

10   said, You're making your rules for insurance 

11   unacceptable to us.

12                So there's a constitutional 

13   question.  There's a fundamental question, why 

14   would we, the Legislature, give away our power as 

15   elected officials to make these decisions for 

16   insurance in the State of New York, and the 

17   fundamental consumer rights protection?  That we 

18   should be proud that we have done such an 

19   excellent job ensuring consumer protections for 

20   our people compared to many states in the 

21   country.  

22                The insurance industry says it will 

23   make it easier for them.  I'm sure that's true.  

24   I don't think that's what we're elected to do.  

25   We're elected to make sure our consumers are 


                                                               2983

 1   protected here.  And I urge a no vote.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Krueger to be recorded in the negative.

 5                Senator Breslin to explain his vote.

 6                SENATOR BRESLIN:   Thank you very 

 7   much, Mr. President.  

 8                This will be an indication that 

 9   sometimes people in the same conferences have 

10   different points of view.  I happen to think this 

11   legislation would do much to enhance the position 

12   of New York, as it would make uniform things like 

13   the kinds of forms that are used.  So process 

14   over substance, in many respects.  

15                And the idea that a compact is 

16   constitutionally deficient has been settled many 

17   times by the Supreme Court, including New York 

18   State.  Compacts are and have been declared to be 

19   legal.

20                Further, there's enough escape 

21   clauses within the interstate compact that if we 

22   had any problems with it, there's an easy way to 

23   remove ourselves.

24                I can recall with Senator Seward 

25   many years ago, probably almost 15, when we 


                                                               2984

 1   joined together to help do this at a national 

 2   level and to make a compact that would give some 

 3   uniformity.  And I at that time thought that 

 4   New York would be the first state to adopt it.  

 5   Unfortunately, 45 other states have adopted it, 

 6   and we're still lagging.  

 7                The Insurance Department sometimes 

 8   gets the feeling that they're the only ones in 

 9   the universe that can make those kinds of 

10   determinations.  I in fact differ.  And that we 

11   should look at each and every bill to see whether 

12   it helps the consumer while at the same time is 

13   not putting the industry in an overwhelming 

14   position against the consumer.  

15                In this case, it's 

16   consumer-friendly.  I in fact think that the 

17   uniformity would drive down costs.  And therefore 

18   I will be supporting this measure.

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Breslin to be recorded in the affirmative.

21                Senator Seward to explain his vote.

22                SENATOR SEWARD:   Thank you, 

23   Mr. President.  

24                I too rise in support of this 

25   legislation and will be voting in favor of it.  


                                                               2985

 1                You know, the purpose of the 

 2   legislation is to allow New York to join the 

 3   Interstate Insurance Product Regulation Compact.  

 4   And to date, 45 other states, including every one 

 5   that borders New York State, have joined the 

 6   compact.

 7                The compact would be a major step in 

 8   the modernization of insurance regulation here in 

 9   New York.  There are many, many advantages for 

10   all and varied stakeholders.  It's an opportunity 

11   for our state regulator, the Department of 

12   Financial Services, to redirect some of their 

13   resources to other areas, including additional 

14   consumer protection, and to oversee innovative 

15   product filings to the benefit of our consumers.  

16                It does meet the industry's need for 

17   a single point of filing and enhances their 

18   ability to compete more effectively with other 

19   financial institutions -- once again, for the 

20   benefit of the consumer.

21                And finally, it would provide our 

22   insurance consumers and customers with a broader 

23   choice of products that meet their needs in a 

24   much more timely manner.

25                So with that, Mr. President, I vote 


                                                               2986

 1   aye for this very sound piece of legislation.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Seward, you will be recorded in the affirmative.

 4                The Secretary will announce the 

 5   result.

 6                THE SECRETARY:   In relation to 

 7   Calendar 599, those recorded in the negative 

 8   Senators Bailey, Comrie, Krueger, Montgomery and 

 9   Sanders.

10                Ayes, 56.  Nays, 5.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   624, by Senator Funke, Senate Print 4007, an act 

15   to amend the State Finance Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect on the 180th day.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Senator 

24   Hoylman to explain his vote.

25                SENATOR HOYLMAN:   Thank you, 


                                                               2987

 1   Mr. President.  

 2                This is, I think, an easy vote for 

 3   most of us.  But it's made more difficult by the 

 4   election in November and the wave of antiforeign 

 5   bias and nativism that has swept across this 

 6   country.

 7                It would be easy to support that the 

 8   State of New York purchase all of its flags from 

 9   the United States, as this bill requires.  But we 

10   should note that we're using iPads that are made 

11   in China, telephones in our Senate lobby that are 

12   manufactured in Canada, and at the beginning of 

13   the session we all received complimentary coffee 

14   mugs that were made in Indonesia.  

15                So I think it's a little bit 

16   hypocritical of us to say that all flags have to 

17   be purchased in the United States.  So I will be 

18   supporting this bill, but pointing out to my 

19   colleagues that it should work both ways.  We 

20   should be looking at a wider array of products 

21   that this country manufactures -- and we 

22   shouldn't be doing it because we are opposed to 

23   the free flow of international commerce.

24                Thank you, Mr. President.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               2988

 1   Hoylman, you'll be recorded in the affirmative.

 2                Senator Funke to explain his vote.

 3                SENATOR FUNKE:   Thank you, 

 4   Mr. President.

 5                In a sometimes highly complicated 

 6   world, this is a pretty simple bill and a timely 

 7   one, I think, with Memorial Day around the 

 8   corner.  

 9                The American-Made Flag Act is going 

10   to ensure that all American flags purchased for 

11   use by the State of New York are manufactured in 

12   the United States.  The American flag is the most 

13   universally recognized symbol of the principles 

14   and freedoms on which our country was built.  And 

15   I can't see any justifiable reason why we should 

16   use our tax dollars to support the production of 

17   our precious flag in a foreign country.

18                It is estimated, by the way, that 

19   New Yorkers spend $3.6 million each and every 

20   year on U.S. flags produced in other countries.  

21   And this bill will ensure that all American flags 

22   purchased by the State of New York at least are 

23   made in America.  

24                I vote aye, and I thank my 

25   colleagues for doing the same.


                                                               2989

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Funke to be recorded in the affirmative.

 3                The Secretary will announce the 

 4   result.

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   628, by Senator Helming, Senate Print 4539, an 

10   act to amend the Real Property Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Hoylman to explain his vote.

20                SENATOR HOYLMAN:   Thank you.  

21                I'll be supporting this legislation, 

22   but I frankly think we need to do more for 

23   tenants than allow them to wave a flag.  We need 

24   to provide real rent protections.  We need to 

25   repeal vacancy decontrol.  We need to give them 


                                                               2990

 1   some predictability against rapacious landlords.  

 2                Those of us in New York City have 

 3   most of the tenants in the entire state.  I thank 

 4   my colleagues from across the aisle for looking 

 5   out for them and allowing them to wave a flag, 

 6   but let's do more for tenants across New York 

 7   State and particularly in the city and give them 

 8   real protection, real relief in this incredibly 

 9   high-cost rental market that we are, many of us, 

10   suffering through.  

11                Thank you, Mr. President.  I'll be 

12   in the positive.  Thank you.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Hoylman to be recorded in the affirmative.

15                Senator Helming to explain her vote.

16                SENATOR HELMING:  Thank you, 

17   Mr. President.  

18                To me, supporting this bill is very 

19   simple.  It's not about landlord rights and it's 

20   not about tenant rights.  It's about American 

21   rights.  

22                It is surprising and, honestly, 

23   incredibly troubling to me that today, in 2017, 

24   in the United States of America, an individual 

25   must be granted protections under state law in 


                                                               2991

 1   order to show their patriotism and their support 

 2   of this great country of ours.

 3                Displaying the American flag is a 

 4   freedom of expression, and it is a right.  I 

 5   thank all of my colleagues for supporting this 

 6   bill and for putting country above self.  I will 

 7   vote aye, Mr. President.

 8                ACTING PRESIDENT AKSHAR:   Thank 

 9   you, Senator Helming.  You will be recorded in 

10   the affirmative.

11                The Secretary will announce the 

12   results.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   730, by Senator LaValle, Senate Print 2488, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2992

 1                ACTING PRESIDENT AKSHAR:   Results?  

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   732, by Senator LaValle, Senate Print --

 7                SENATOR LaVALLE:   Lay it aside for 

 8   the day.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is laid aside for the day.

11                THE SECRETARY:   Calendar Number 

12   739, by Senator Marchione, Senate Print 1124A, an 

13   act to amend the Executive Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Results?  

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2993

 1   749, by Senator Murphy, Senate Print 2364, an act 

 2   to amend the Executive Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the first of April.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Results?  

11                THE SECRETARY:   In relation to 

12   Calendar 749, those recorded in the negative are 

13   Senators Bailey, Comrie, Hoylman, Krueger, 

14   Montgomery and Rivera.

15                Ayes, 55.  Nays, 6.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   758, by Senator LaValle, Senate Print 5402, an 

20   act to amend the Executive Law.

21                SENATOR LaVALLE:   Lay it aside for 

22   the day.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is laid aside for the day.

25                THE SECRETARY:   Calendar Number 


                                                               2994

 1   763, substituted earlier by Member of the 

 2   Assembly Magnarelli, Assembly Print 6527A, an act 

 3   to amend Chapter 62 of the Laws of 2003.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Results.

12                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   838, by Senator Funke, Senate Print 1042, an act 

17   to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT AKSHAR:   There is 

19   a home-rule message at the desk.

20                The Secretary will read the last 

21   section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               2995

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   851, by Senator Phillips, Senate Print 5843, an 

 8   act to amend the Highway Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Senator 

17   Phillips to explain her vote.

18                SENATOR PHILLIPS:   Thank you, 

19   Mr. President.

20                I rise to explain my vote and to 

21   thank my colleagues in supporting this.  I have 

22   to say this is one of the nicer things that we 

23   get to do in this job.

24                But the real reason I rise today is 

25   to pay tribute to an Army Ranger, Sergeant James 


                                                               2996

 1   "Jimmy" Regan, a young man from my hometown of 

 2   Manhasset who made the ultimate sacrifice 

 3   defending our country.  

 4                On this eve of Memorial Day, it is 

 5   especially fitting that we pay tribute to 

 6   Jimmy Regan as we pause to pay tribute to all the 

 7   servicemen and -women who have laid down their 

 8   lives to protect our great country.

 9                This is why I am so proud that we 

10   are passing this legislation today to honor a 

11   true American hero.  Jimmy Regan was a leader and 

12   a role model who set a wonderful example for 

13   others to follow.  Prior to enlisting, Jimmy was 

14   an outstanding student at Chaminade High School, 

15   where he played -- he was an outstanding lacrosse 

16   player.  He went on to play on Duke's lacrosse 

17   team.

18                Deeply affected by the terrors of 

19   9/11 -- which took many lives of residents in our 

20   town -- he volunteered to serve in the U.S. Army 

21   after graduating from college.  He served two 

22   tours in Afghanistan and two tours in Iraq.  

23                On February 9, 2007, Sergeant 

24   Regan's vehicle was targeted by an IED in 

25   northern Iraq.  His patriotism, heroism and 


                                                               2997

 1   eagerness to serve our country are attributes 

 2   that should always be revered and emulated.

 3                Renaming a portion of Port 

 4   Washington Boulevard as Sergeant James J. Regan 

 5   Boulevard in his honor is a fitting tribute and 

 6   assures that his service and sacrifice will 

 7   always be remembered.

 8                After his passing, Sergeant Regan 

 9   was awarded with the Bronze Star Medal -- 

10   Colonel, the Purple Heart -- and the Meritorious 

11   Service Medal for his brave and heroic service.  

12   He was buried at Arlington National Cemetery with 

13   full military honors.  

14                I thank all my colleagues in the 

15   Senate for supporting this legislation.  

16   Mr. President, I will be voting aye.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Phillips to be recorded in the affirmative.

19                Senator Kaminsky to explain his 

20   vote.

21                SENATOR KAMINSKY:   Thank you, 

22   Mr. President.

23                I thank the sponsor so much for 

24   introducing this.  

25                My connection to Jimmy Regan is that 


                                                               2998

 1   my best friend from Long Beach that I grew up 

 2   with played lacrosse on the Duke Lacrosse Team 

 3   with Jimmy and described him as being one of the 

 4   best men and the best teammates.  

 5                But if you think about who we're 

 6   honoring today, you cannot find anyone who's a 

 7   more finer example of what it is to be a great 

 8   American.  A young man who comes out of Duke 

 9   University with any job at his fingertips -- a 

10   job on Wall Street, law school, whatever he wants 

11   to do -- and he decides he's going to go not only 

12   into the Army, but to become an Army Ranger.  

13                And we know the motto of the Army 

14   Rangers is "Lead the way."  And he knew he would 

15   be at the tip of the spear that would be going 

16   into the Middle East to fight America's war on 

17   terror, and he did it repeatedly, tour after 

18   tour.  

19                And Jimmy's sacrifice is something 

20   that we all have to think about this weekend and 

21   take to heart.  But I also want to speak so 

22   encouragingly of his family and what they've done 

23   since.  Rather than curse the darkness, they lit 

24   a candle and started the Lead the Way Fund.  

25                The Lead the Way Fund is something 


                                                               2999

 1   I've been involved in now for almost 10 years.  

 2   And they build homes and give support to wounded 

 3   Army Rangers and the families of wounded Army 

 4   Rangers or Rangers killed in action.  And I've 

 5   got to meet some of the best men and best 

 6   families from across our country who travel to 

 7   New York every year to participate in Lead the 

 8   Way events.  I've met Medal of Honor winners, 

 9   I've met men and women with artificial arms and 

10   legs, I've met families who have borne the brunt 

11   of the sacrifice.  

12                And Jimmy's father especially, 

13   Mr. Regan, has taken this all upon himself.  From 

14   nothing, he built the Lead the Way Fund, which 

15   has given millions and millions of dollars to 

16   families across this country.

17                So today it is fitting, on the eve 

18   of Memorial Day, that we honor Jimmy Regan.  And 

19   that if we all think about the Lead the Way Fund 

20   and how we can help them and what a great example 

21   it is, it's something that we need to bring close 

22   to our hearts.  

23                I like to say, thinking of Jimmy 

24   Regan, every now and then the best Americans are 

25   from New York, and every now and then the best 


                                                               3000

 1   New Yorkers are from Long Island.  And there's no 

 2   more fitting case than Jimmy Regan, simply the 

 3   best of the best.  

 4                I vote in the affirmative.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Kaminsky to be recorded in the affirmative.

 7                Announce the result.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   856, by Senator Bonacic, Senate Print 998, an act 

13   to amend the Environmental Conservation Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 856, those recorded in the negative are 

25   Senators Bailey, Comrie, Dilan, Hoylman, Kennedy, 


                                                               3001

 1   Krueger, Montgomery, Parker, Persaud, Sanders, 

 2   Serrano and Stavisky.

 3                Ayes, 49.  Nays, 12.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   862, by Senator Gallivan, Senate Print 2923, an 

 8   act to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Senator 

17   Hoylman to explain his vote.

18                SENATOR HOYLMAN:   Thank you, 

19   Mr. President.  

20                I rise to oppose this bill.  I don't 

21   know why we're making it easier for hunters and 

22   more difficult for our DEC officers to identify 

23   those who might be violating our rules, our 

24   hunting season rules.

25                I'll be in the opposition.  Thank 


                                                               3002

 1   you.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Hoylman to be recorded in the negative.  

 4                Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 862, those recorded in the negative are 

 7   Senators Comrie, Hoylman, Krueger, Rivera, 

 8   Sanders, Serrano and Squadron.  

 9                Ayes, 54.  Nays, 7.  

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   875, by Senator Marchione, Senate Print 208, an 

14   act to amend the General Business Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 6.  This 

18   act shall take effect on the 30th day.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   The 

23   results?  

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3003

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   876, by Senator Golden, Senate Print 228, an act 

 4   to amend the Executive Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of January.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   The 

13   results?  

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   889, by Senator LaValle, Senate Print 2997A, an 

19   act to amend the Executive Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 5.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3004

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Sanders to explain his vote.  

 4                SENATOR SANDERS:   Thank you, 

 5   Mr. President.  

 6                The purpose of parole, of course, 

 7   is -- one of the purposes is to ensure that 

 8   people who have served and perhaps have served in 

 9   an honorable fashion are discharged.  By making 

10   parole longer, we are in effect making prisons 

11   more difficult, making it very much more 

12   difficult for prison guards.  They are the ones 

13   who have to be in prison with these prisoners, 

14   and they can use parole, the idea of it, to help 

15   create a calmer, more rational prison system.

16                By making this this much longer, 

17   you're taking away one of the tools that prison 

18   guards use to ensure that they have a safe place.  

19   People who have little to lose, who have little 

20   and perhaps nothing to lose, are the worst people 

21   that you want to deal with.  

22                We should leave it to the parole 

23   boards themselves that every two years, or 

24   whatever is the case, that they make the judgment 

25   of who should go out.  Rather than we in this 


                                                               3005

 1   very nice building, we are going to say what 

 2   should happen in the prisons there and not the 

 3   parole boards and not the COs themselves.

 4                I think that this is not looking at 

 5   the law of unanticipated consequences.  That it 

 6   sounds good here, but on the front lines in those 

 7   prisons, they need every tool that they can get 

 8   for a saner prison.

 9                So that's one of the reasons that I 

10   am voting no on this one, Mr. President.

11                ACTING PRESIDENT AKSHAR:   Senator 

12   Sanders to be recorded in the negative.

13                Senator Parker to explain his vote.

14                SENATOR PARKER:   Thank you, 

15   Mr. President.  To explain my vote.

16                Let me first thank the sponsor of 

17   the bill, Senator Golden, who I know is very 

18   concerned with safety.  I share that concern.  We 

19   both live in Brooklyn that has historically been 

20   one of the most dangerous places, not just in the 

21   State of New York but in the -- I'm sorry.  

22   LaValle, sorry, Senator LaValle, who I -- I was 

23   mislooking.  

24                But in Brooklyn, where we have had, 

25   you know, historically a lot of violence, a lot 


                                                               3006

 1   of crime and things, we certainly want those 

 2   streets safer.  Keeping people in prison per se 

 3   doesn't necessarily do that.  Right?  And really 

 4   sentencing -- it's up to the judges and the 

 5   juries to make those decisions about keeping 

 6   people off the street.  

 7                What we should be trying to do in 

 8   our correctional institutions are correcting 

 9   people and providing programs and making people 

10   ready for society.  And we should not be 

11   penalizing people who may be on the path to 

12   correcting their lives by continuing to penalize 

13   them for the one thing that they cannot change, 

14   which is the basis of their crime.  Right?  

15                This is a back-door way to increase 

16   penalties.  Right?  And we shouldn't be doing 

17   that here in the state.  If we're trying to do 

18   economic development in places, let's just do 

19   economic development.  Let's not use prisons as 

20   economic development.  And let's certainly not 

21   make it more difficult for people or the -- as 

22   Senator Sanders indicated, make it more difficult 

23   for the guards in these correctional facilities 

24   to do their job by taking away the hope of people 

25   who are serving their debt to society.


                                                               3007

 1                Thank you.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Parker to be recorded in the negative.

 4                Senator Montgomery, you wish to be 

 5   heard to explain your vote?  

 6                SENATOR MONTGOMERY:   Yes.  Thank 

 7   you, Mr. President.

 8                I am certainly going to vote no, as 

 9   I always do.  This bill has been around for 

10   some time.  And I wish that there was some way 

11   that we could answer whatever the question is 

12   that Senator LaValle is asking.

13                However, this is obviously the wrong 

14   thing.  Parole is a very important part of the 

15   contract between the Department of Corrections 

16   and the State of New York vis-a-vis the laws that 

17   we pass.

18                So now the Times has been looking at 

19   parole to see what is the impact.  We now have, 

20   every 24 months, once a person is eligible for 

21   parole, they can go before the parole board.  Now 

22   Senator LaValle wants to make it five years 

23   before you can go back before the parole board.  

24   People who go before the parole board know that 

25   they have two years in which to answer any of the 


                                                               3008

 1   issues that may be raised at their parole hearing 

 2   and to come back before the parole board to seek 

 3   parole again.

 4                The Times last year did an 

 5   investigation of the parole process, and we found 

 6   the same problems and issues related to who gets 

 7   parole and how long it takes them to have parole, 

 8   it has the same problems as we have in every 

 9   other aspect of our criminal justice system.  And 

10   that is if you're black or brown and you're in 

11   prison and you come before the parole board, you 

12   are more likely to be, as they say, hit with 

13   parole -- in other words, denied parole -- as you 

14   are if you are any other person.

15                So I am certainly against this.  And 

16   I certainly hope that Senator LaValle will seek 

17   to look at parole very differently, not as if it 

18   were an additional sentencing opportunity, as 

19   Senator Parker has indicated, but that, rather, 

20   it is an opportunity for us to seek to establish 

21   a system that rewards people for trying to change 

22   their behavior meaningfully and be removed from 

23   the criminal pathway to being one of citizens of 

24   good standing.

25                So I am voting no on this bill, 


                                                               3009

 1   Mr. President.  Thank you.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Montgomery to be recorded in the negative.

 4                Senator Krueger to explain her vote.

 5                SENATOR KRUEGER:   I also rise to 

 6   make the argument and plea to my colleagues to 

 7   recognize this is a problem we don't want to make 

 8   worse.

 9                I went to bat for a constituent of 

10   my district whose son went to prison for 27 years 

11   on a violent felony that would fall into this 

12   category.  He wasn't eligible for parole until 

13   the 25th year.  Attempted, was unsuccessful, 

14   because they didn't read the file.  Because the 

15   file had in it letters from the judge who 

16   originally sentenced him and was now retired, 

17   urging them to let him out.  They had letters 

18   from the wardens of the two state prisons he had 

19   been in for these 25 years saying please let him 

20   out.

21                And so he didn't get parole on the 

22   25th year, but he came back at the 27th year, we 

23   built even more of a case, and he was released.  

24   I can't even imagine the suffering of that family 

25   if he hadn't had another chance for five more 


                                                               3010

 1   years after 25 years, after everyone involved in 

 2   that case, from the very beginning with the judge 

 3   through the 25th year, had said this man has done 

 4   his time, he knows what went wrong, he will never 

 5   be harm to his society or anyone again.  

 6                He's now completed social worker 

 7   school and works as a social worker in the New 

 8   York City court system.  He is a perfect example 

 9   of why this bill would be a terrible mistake.

10                So I vote no.

11                ACTING PRESIDENT AKSHAR:   Senator 

12   Krueger to be recorded in the negative.

13                Senator Bailey to explain his vote.  

14                SENATOR BAILEY:   Thank you, 

15   Mr. President.

16                I was looking at the sponsor's 

17   initial bill and the intent.  It is laudable to 

18   some degree, concerning the burdens of the 

19   victims' families.  And I just want to be very 

20   clear that we take the victims' families very 

21   seriously and the grief that they face.  

22                However, we have to look at the debt 

23   that someone has paid to society.  If you have 

24   availed yourself to all of the options that the 

25   correctional facility has given you -- if you 


                                                               3011

 1   have gone through treatment, if you have gone 

 2   through counseling, if you have gone through 

 3   vocational training -- your offense, your 

 4   original offense should not imprison you for 

 5   life.  And extending this from two to five years 

 6   I fear, as Senator Sanders said, would have 

 7   significantly negative effects on that 

 8   population.

 9                I just ask that we look for another 

10   way to strike a balance between understanding 

11   what the victims' families face and understanding 

12   that people are legitimately attempting to make 

13   steps towards rehabilitation and looking to 

14   become productive members of society once again.  

15                I vote in the negative, 

16   Mr. President.  Thank you for your time.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Bailey to be recorded in the negative.

19                Senator LaValle to explain his vote.

20                Excuse me, we'll defer to Senator 

21   Serino to explain her vote.

22                SENATOR SERINO:   Thank you, 

23   Mr. President.

24                And I apologize to my colleagues 

25   because I know we're on a short day today.  But I 


                                                               3012

 1   just feel very passionately about this bill.

 2                I had an older couple come in to see 

 3   me whose young son was brutally murdered right 

 4   down the street from their home because the bus 

 5   missed their house.  It was a substitute bus 

 6   driver.  They have to go in front of the panel 

 7   every two years -- it's heartbreaking to hear 

 8   their story -- in order to keep this murderer in 

 9   prison.

10                So I will be voting aye for this 

11   bill.  Thank you.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Serino to be recorded in the affirmative.

14                Seeing no other Senator wishing to 

15   speak, Senator LaValle to close.

16                SENATOR LaVALLE:   Thank you.  

17                And Senator Serino set the stage, 

18   because this bill is one that tries to alleviate 

19   some of the pain to the victims' families.

20                This applies to murder in the first 

21   degree, aggravated murder, and murder in the 

22   second degree.  These are very heinous crimes.  

23   And when you go through the parole hearing and 

24   they talk about some of the gory details like, 

25   you know, "Where did you get the knife that 


                                                               3013

 1   you -- "  "In the drawer."  "Did you slit the 

 2   throat of Person X?"  "Yeah, I slit her throat." 

 3   This, I mean, brings nightmares to these 

 4   families.  

 5                So we had a press conference -- 

 6   Senator O'Mara was there; he's had some parents.  

 7   We hear Senator Serino.  These are real stories.  

 8                So what we're trying to do is to 

 9   spare the families of going through these 

10   details.  And when you talk to the parents, it 

11   lasts -- it's not you go to a parole hearing and 

12   you forget about it.  It's people lose sleep 

13   again, they relive the whole issue.  

14                So we're giving the parole board an 

15   opportunity to stretch this out from 24 months to 

16   60 months.  And I think it's the right thing to 

17   do to try and balance the equities between those 

18   who commit the crime and those families who lost 

19   a loved one and go through this -- relive the 

20   horror every two years.  

21                I vote aye.  

22                ACTING PRESIDENT AKSHAR:   Senator 

23   LaValle to be recorded in the affirmative.

24                Announce the result.

25                THE SECRETARY:   In relation to 


                                                               3014

 1   Calendar 889, those recorded in the negative are 

 2   Senators Alcantara, Bailey, Breslin, Comrie, 

 3   Dilan, Gianaris, Hamilton, Hoylman, Krueger, 

 4   Montgomery, Parker, Peralta, Persaud, Rivera, 

 5   Sanders, Serrano, Squadron and Stewart-Cousins.

 6                Ayes, 43.  Nays, 18.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   892, by Senator Ritchie, Senate Print 3836, an 

11   act to amend the Real Property Tax Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Results.  

20                THE SECRETARY:   In relation to 

21   Calendar 892, those recorded in the negative are 

22   Senators Dilan, Hoylman, Krueger, Parker, Sanders 

23   and Squadron.

24                Ayes, 55.  Nays, 6.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3015

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   899, substituted earlier by Member of the 

 4   Assembly Barrett, Assembly Print 6743, an act to 

 5   amend the Social Services Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Results.

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   959, by Senator Marcellino, Senate Print 1188, an 

19   act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3016

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the results.

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

 5   Senator Montgomery recorded in the negative.

 6                ACTING PRESIDENT AKSHAR:   That bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   962, by Senator Golden, Senate Print 1761, an act 

10   to amend the Highway Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the 30th day.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   966, by Senator Hamilton, Senate Print 5370, an 

25   act to amend Chapter 81 of the Laws of 1995.


                                                               3017

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   987, by Senator Serino, Senate Print 2170, an act 

13   to amend the Correction Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Hoylman to explain his vote.

23                SENATOR HOYLMAN:   Thank you, 

24   Mr. President.  

25                Another active list, another sex 


                                                               3018

 1   offender bill.  This is our 18th this session.

 2                I just wanted to point out again -- 

 3   I thank the sponsor for her efforts on this 

 4   topic, but there is a piece of legislation that 

 5   deals with this horrible, horrible phenomenon in 

 6   a comprehensive way.  It's called the Child 

 7   Victims Act, which would lift the statute of 

 8   limitations for both civil and criminal cases and 

 9   provide a one-year lookback so that current 

10   victims, thousands of New Yorkers who have been 

11   abused as children, can actually take their 

12   abuser to court, can actually help authorities 

13   identify who those abusers are -- many of whom 

14   are still in contact with our kids, whether it be 

15   public or private schools, community 

16   organizations, or at home, where most sex 

17   offenders reside.

18                I'll be voting in the affirmative.  

19   Thank you, Mr. President.

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Hoylman to be recorded in the affirmative.

22                Announce the result.

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

24   Senator Rivera recorded in the negative.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3019

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1012, by Senator Lanza, Senate Print 5540, an act 

 4   to amend the Public Buildings Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1014, substituted earlier by Member of the 

19   Assembly Williams --

20                SENATOR LaVALLE:   Lay the bill 

21   aside for the day.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   1025, by Senator Croci, Senate Print 957A, an act 


                                                               3020

 1   to amend the Penal Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Results.  

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

11   Senator Montgomery recorded in the negative.  

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1036, by Senator Ortt, Senate Print 257, an act 

16   directing.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Results.

25                THE SECRETARY:   Ayes, 61.


                                                               3021

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1057, substituted earlier by Member of the 

 5   Assembly Pretlow, Assembly Print 898B, an act to 

 6   amend the General Business Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   In relation to 

17   Calendar 1057, those recorded in the negative are 

18   Senators Akshar, Amedore, Bonacic, Funke, 

19   Helming, Jacobs, Lanza, Larkin, Little, 

20   Marchione, Murphy, O'Mara, Ortt, Ranzenhofer and 

21   Serino.  Also Senator Tedisco.

22                Ayes, 45.  Nays, 16.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3022

 1   1066, by Senator Larkin, Senate Print 4127, an 

 2   act to amend the Public Authorities Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Larkin to explain his vote.

12                SENATOR LARKIN:   Thank you very 

13   much, Mr. President.

14                You know, to clarify minds, this is 

15   the Tappan Zee Bridge.  The existing Malcolm  

16   Bridge is falling down.  This is a new bridge 

17   we're building, and we'd like to call it the 

18   National Purple Heart Bridge.

19                There's 2 million Americans have 

20   been killed in combat -- Combat, not in your back 

21   yard -- in defense of this country.  In the 

22   Hudson Valley, there's a lot of things that give 

23   respect to members of our armed forces:  

24   West Point, the Purple Heart National Honors.  

25   This just exists.  


                                                               3023

 1                We understand there's 130,000 to 

 2   140,000 cars a week go across that bridge.  

 3   They'll always remember that those individuals 

 4   who gave that main sacrifice for you and I, we 

 5   say thank you.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Larkin to be recorded in the affirmative.

 8                Senator Krueger to explain her vote.

 9                SENATOR KRUEGER:   Thank you, 

10   Mr. President.

11                With absolutely no disrespect to the 

12   sponsor or the argument he makes, I actually 

13   think that if we're going to rename a bridge or 

14   even name a new bridge, we should have some kind 

15   of public process that goes a little broader in 

16   having the discussion, bringing in the 

17   stakeholders and going through a series of 

18   recommendations, rather than simply having a bill 

19   move through the Senate without hearings, broader 

20   discussion, or even memos of support or 

21   opposition from anyone.  I don't believe I saw 

22   any memos of support or opposition.

23                So I think that it is important 

24   always, as we've done in this chamber actually 

25   today, to recognize the invaluable service of our 


                                                               3024

 1   military and truly, truly the loss to us all when 

 2   they fall in service.  But I do think that when 

 3   you're naming something as large and as impactful 

 4   as a new major bridge in the State of New York, 

 5   that one ought to have a broader process.

 6                So I'm voting no today.  And I think 

 7   that perhaps if there was such a process and the 

 8   stakeholders came together and there was some 

 9   greater determination that of all the possible 

10   names that was the best name, then at some future 

11   date I might be able to vote yes.  

12                Thank you, Mr. President.  I'll 

13   remain no.

14                ACTING PRESIDENT AKSHAR:   Senator 

15   Krueger to be recorded in the negative.

16                I'm returning to Senator Larkin for 

17   a further explanation.

18                SENATOR LARKIN:   I couldn't hear 

19   everything you said, Senator Krueger, but just 

20   remember this.  You're not the mother who gets 

21   that letter in the mail that says your son or 

22   daughter was killed today in combat, went to 

23   combat at the request of his nation.  

24                When we talk about these little 

25   things, what's so bad about putting up something 


                                                               3025

 1   that says, to those who gave so much, thank you?  

 2                And let me tell you something.  You 

 3   go to a veterans place and tell them you don't 

 4   want this bridge named or you don't want this 

 5   here.  You will find out that you won't be as 

 6   happy when you leave as you were when you went 

 7   in.

 8                This is a respect for those who 

 9   served.  And I have serious questions.

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Krueger.

12                SENATOR KRUEGER:   Thank you.  

13                Just to respond, I think perhaps 

14   Senator Larkin didn't hear me when I spoke, 

15   because I don't think any of the things he 

16   implies is what I said today.

17                I said I believe there should be a 

18   broader process in determining what the 

19   appropriate name for a bridge should be and that 

20   in fact if the stakeholders all agreed at the end 

21   of that process that this should be the new name, 

22   then I would have no problem voting yes.  But 

23   that in fact I remain a no vote today.  

24                And I guess we need to turn the 

25   microphones up a little bit in the future.


                                                               3026

 1                Thank you.  I remain a no vote.

 2                ACTING PRESIDENT AKSHAR:   I thank 

 3   both of the good Senators for their positions.  

 4                Announce the result.

 5                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 6   Senators Krueger and Montgomery recorded in the 

 7   negative.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1070, by Senator Carlucci, Senate Print 1171, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the 90th day.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Carlucci to explain his vote.

22                SENATOR CARLUCCI:   Thank you, 

23   Mr. President.

24                Right now in New York State students 

25   attending college can receive financial aid, but 


                                                               3027

 1   only up to a four-year period, with no exemptions 

 2   whatsoever.

 3                What this legislation would do is 

 4   give the Commissioner of Education the authority 

 5   to extend that over a six-year period for 

 6   students that qualify under the Americans with 

 7   Disabilities Act of 1990.

 8                Right now in the State of New York 

 9   we have over 20,000 students attending SUNY that 

10   are living with a disability that qualifies under 

11   the Americans with Disabilities Act.

12                I've worked with students over the 

13   years that have tried their hardest, have gotten 

14   stellar grades, but because of their disability 

15   they've been held back and not been able to 

16   attend the courses over that four-year period.  

17                So we need to do what we can to 

18   allow these students, give them that extra push.  

19   Don't cut them short from graduating with a 

20   college degree just because of their disability.

21                So I want to thank my colleagues for 

22   supporting this legislation.  Let's give the 

23   Commissioner of Education the authority to 

24   promulgate rules and regulations that, at her 

25   discretion, would allow students with a 


                                                               3028

 1   qualifying disability to receive financial aid up 

 2   to a six-year period.  

 3                Let's get more students to graduate.  

 4   Let's make sure we're giving them the tools they 

 5   need to succeed in the 21st century economy.  

 6                So I support this legislation.  I 

 7   want to thank my colleagues for doing the same.

 8                Thank you, Mr. President.  

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Carlucci to be recorded in the affirmative.

11                Announce the result.

12                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                Senator LaValle, that completes the 

16   noncontroversial reading of the calendar.

17                SENATOR LaVALLE:   Mr. President, I 

18   understand there's a supplemental active list of 

19   two bills:  Calendar Number 454, by Senator 

20   Comrie, and Calendar Number 484, by Senator 

21   Addabbo.

22                Just take up the supplemental active 

23   list.  There's a third bill, Calendar Number 919, 

24   by Senator Gianaris.  

25                ACTING PRESIDENT AKSHAR:   The 


                                                               3029

 1   Secretary will read the supplemental active list.

 2                THE SECRETARY:   Calendar Number 

 3   454, by Senator Comrie, Senate Print 2398B, an 

 4   act to authorize.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Avella to explain his vote.

14                SENATOR AVELLA:   Thank you, 

15   Mr. President.  I rise to vote no on this bill, 

16   and I want to give my colleagues the reason for 

17   it.

18                First of all, I would support any 

19   religious institution that would properly apply 

20   for a tax exemption.  Last year the sponsor of 

21   this bill in the Assembly, Assemblyman Weprin, 

22   came to me and asked me to introduce this bill on 

23   behalf of this house of worship.  I said sure, 

24   I'd love to do it.  I did some research and I 

25   found out that the house of worship did not own 


                                                               3030

 1   the property for the year that they're applying 

 2   for the tax exemption.  

 3                I consider it to be extremely bad 

 4   policy, bad public policy to set a precedent 

 5   where we will in effect be saying to the City of 

 6   New York:  Grant a property tax exemption for a 

 7   house of worship when they didn't own the 

 8   property.  

 9                I told Assemblyman Weprin this.  

10   Unfortunately, he apparently went ahead and 

11   reached out to Senator Comrie.

12                I should also say that this 

13   institution is in my Senate district.  There are 

14   also a number of building and zoning violations 

15   on this property.  

16                I would urge my colleagues to vote 

17   against this.  This is extremely bad policy.  If 

18   we were talking about a year that they owned the 

19   property, that would be a no-brainer and 

20   obviously I'd be in favor of this.  

21                But I don't see how we can grant a 

22   tax exemption to a religious institution when the 

23   property was privately owned, because in effect 

24   you're giving the property tax exemption to the 

25   private individual.  I think this would set 


                                                               3031

 1   extremely bad policy.  

 2                So I'm voting no, and I would urge 

 3   my colleagues to vote no on this bill.

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Avella, you'll be recorded in the negative.

 6                Senator Comrie to explain his vote.

 7                SENATOR COMRIE:   With all due 

 8   respect to Senator Avella, this property has been 

 9   a property that's been abandoned and difficult to 

10   move for over a dozen years.  The congregation 

11   has been working to try to clear all of the 

12   violations.  And as a part of their need and 

13   ability to be able to purchase the property, they 

14   need to make sure that all the violations are 

15   cleared up.

16                The property is borderline on Union 

17   Turnpike in our district.  We share that border.  

18   Most of the congregants that attend the church 

19   are actually within my district, or we share it 

20   because the lines are so convoluted.  

21                So Assemblyman Weprin came to me 

22   with the need to try to make sure that we had a 

23   property that had been practically abandoned, 

24   sitting on a major commercial strip for many 

25   years, that a congregation has rehabilitated and 


                                                               3032

 1   is working hard to try to make the proper 

 2   rehabilitations and clear up all the violations 

 3   so that they could get a mortgage to own the 

 4   property.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Comrie to be recorded in the affirmative.

 8                Senator Bonacic to explain his vote.

 9                SENATOR BONACIC:   Thank you, 

10   Mr. President.

11                As you know, I vote no on all these 

12   tax-exempt bills.  And you may say, Why does 

13   Senator Bonacic vote no on all these tax-exempt 

14   bills?  I'll just tell you a little story real 

15   quick.  

16                Back in 2003 we did an analysis of 

17   tax-exempt properties.  We had $440 billion -- 

18   that's a B -- that's off the tax rolls that are 

19   tax-exempt, because our laws are very liberal and 

20   loose and some are qualifying for tax-exempt to 

21   avoid the property tax burden.  As of the 2014 

22   assessment, it's $880 billion.

23                So we put forth proposals, six bills 

24   to try to correct the abuses that are in 

25   tax-exempts where they shouldn't qualify.  It 


                                                               3033

 1   never moves in the Assembly because New York City 

 2   does not have a property tax problem.  Everywhere 

 3   else in the state has a property tax problem.  

 4                We had 13 state institutions 

 5   supporting the legislation -- teachers, 

 6   assessors, local governments.  It went nowhere.  

 7   And that's okay if that's the policy decision you 

 8   want to make.

 9                But if you want to reduce property 

10   taxes in this state, this is a way of doing it to 

11   eliminate the abuses.  Because there are good 

12   tax-exempt properties out there that deserve the 

13   exemption, but there's a heck of a lot more that 

14   are abusing the system.

15                I vote no.  Thank you, 

16   Mr. President.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Bonacic to be recorded in the negative.

19                Senator Marchione to explain her 

20   vote.

21                SENATOR MARCHIONE:   Thank you, 

22   Mr. President.  

23                I don't usually vote no on these 

24   bills because, you know, as a former local 

25   government leader, sometimes things happen.  


                                                               3034

 1   Sometimes you don't file correctly and there -- 

 2   there -- you know, they're entitled to be able 

 3   not to pay taxes, and I firmly believe in that.

 4                But if this church didn't own the 

 5   property at the time in question, then they're 

 6   not entitled to not have to pay taxes.  So 

 7   although I usually vote yes on these, I will vote 

 8   no today.

 9                Thank you.

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Marchione to be recorded in the negative.

12                Announce the result.

13                THE SECRETARY:   In relation to 

14   Calendar 454, those recorded in the negative are 

15   Senators Alcantara, Avella, Bonacic, Carlucci, 

16   Hamilton, Klein, Larkin, Little, Marchione, 

17   O'Mara, Ortt, Peralta, Savino and Valesky.

18                Ayes, 47.  Nays, 14.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   484, by Senator Addabbo, Senate Print 3128, an 

23   act to amend Chapter 100 of the Laws of 2013.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               3035

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Results?  

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   919, by Senator Gianaris, Senate Print 3299, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Results.

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                Senator LaValle, that completes the 

25   reading of the supplemental calendar.


                                                               3036

 1                SENATOR LaVALLE:   Can we go back to 

 2   motions and resolutions.

 3                ACTING PRESIDENT AKSHAR:   Motions 

 4   and resolutions.

 5                Senator LaValle.

 6                SENATOR LaVALLE:   Mr. President, on 

 7   behalf of Senator Ortt, on page number 79 I offer 

 8   the following amendments to Calendar Number 868, 

 9   Senate Print Number 4825, and ask that said bill 

10   retain its place on the Third Reading Calendar.

11                ACTING PRESIDENT AKSHAR:   The 

12   amendments are received, and the bill shall 

13   retain its place on the Third Reading Calendar.

14                SENATOR LaVALLE:   On behalf of 

15   Senator Ortt, on page 49 I offer the following 

16   amendments to Calendar Number 421, Senate Print 

17   Number 2921, and ask that said bill retain its 

18   place on the Third Reading Calendar.

19                ACTING PRESIDENT AKSHAR:   The 

20   amendments are received, and the bill shall 

21   retain its place on the Third Reading Calendar.

22                SENATOR LaVALLE:   Mr. President, is 

23   there any other business at the desk?

24                ACTING PRESIDENT AKSHAR:   There is 

25   not.  


                                                               3037

 1                SENATOR LaVALLE:   There being no 

 2   further business to come before the Senate, I 

 3   move that we adjourn until Monday, June the 5th, 

 4   interveck with your respective conferences -- 

 5   nope.  That will be 3:00 p.m. on June the 5th 

 6   that we will be returning to Albany.

 7                ACTING PRESIDENT AKSHAR:   On 

 8   motion, the Senate stands adjourned until Monday, 

 9   June 5th, at 3:00 p.m., intervening days being 

10   legislative days.

11                (Whereupon, at 1:25 p.m., the Senate 

12   adjourned.)

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