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
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21
22
23
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT AKSHAR: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT AKSHAR: In the
10 absence of clergy, may we please bow our heads
11 in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT AKSHAR: The
15 reading of the Journal.
16 THE SECRETARY: In Senate,
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.
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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
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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
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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
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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
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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
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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.
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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.
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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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