Regular Session - February 27, 2018
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 27, 2018
11 3:48 p.m.
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14 REGULAR SESSION
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18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask all present to please
11 bow your heads in a moment of silent reflection
12 and/or prayer.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate, Monday,
18 February 26th, the Senate met pursuant to
19 adjournment. The Journal of Sunday,
20 February 25th, was read and approved. On
21 motion, Senate adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal stands approved as read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports of state
5 officers.
6 Motions and resolutions.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO:
9 Mr. President, I move to recommit Senate Print
10 1111, Calendar 299 on the order of third
11 reading, to the Committee on Veterans, Homeland
12 Security and Military Affairs -- this is a
13 Senator Felder bill -- with instructions to said
14 committee to strike the enacting clause.
15 ACTING PRESIDENT GRIFFO: It is so
16 ordered.
17 SENATOR DeFRANCISCO: I move that
18 the following bill, Senate 5581, by
19 Senator Murphy, be discharged from its
20 respective committee and be recommitted with
21 instructions to strike the enacting clause.
22 ACTING PRESIDENT GRIFFO: It is so
23 ordered.
24 SENATOR DeFRANCISCO:
25 Amendments are offered to the following Third
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1 Reading Calendar bills:
2 Senator Phillips, page 24, Calendar
3 211, Senate Print 5974;
4 Senator Tedisco, page 36, Calendar
5 340, Senate Print 4462;
6 Another bill by Senator Tedisco,
7 page 37, Calendar 354, Senate Print 7388;
8 Another bill by Senator Tedisco,
9 page 38, Calendar Number 362, Senate Print 4149;
10 A bill by Senator Ritchie, page 40,
11 Calendar 383, Senate Print 3022;
12 And another bill by Senator
13 Ritchie, page 45, Calendar 433, Senate Print
14 5853.
15 And I move that these bills retain
16 their place on the order of third reading.
17 ACTING PRESIDENT GRIFFO: The
18 amendments are received as presented, and all
19 bills shall retain their place on third reading.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: Please
22 recognize Senator Valesky.
23 ACTING PRESIDENT GRIFFO: Senator
24 Valesky.
25 SENATOR VALESKY: Thank you,
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1 Mr. President.
2 On behalf of Senator Carlucci, I
3 move that Bill 1167 be discharged from its
4 respective committee and be recommitted with
5 instructions to strike the enacting clause.
6 ACTING PRESIDENT GRIFFO: It's so
7 ordered.
8 SENATOR VALESKY: On behalf of
9 Senator Klein, on page 39 I offer the following
10 amendments to Calendar 371, Senate Bill 5643, and
11 ask that said bill retain its place on the Third
12 Reading Calendar.
13 ACTING PRESIDENT GRIFFO: The
14 amendments are received, and the bill shall
15 retain its place on third reading.
16 SENATOR VALESKY: Also on behalf of
17 Senator Klein, on page 25 I offer the following
18 amendments to Calendar 222, Senate Bill 5619, and
19 I ask that that bill also retain its place on the
20 Third Reading Calendar.
21 ACTING PRESIDENT GRIFFO: The
22 amendments are also received, and the bill shall
23 retain its place on third reading.
24 SENATOR VALESKY: Thank you.
25 ACTING PRESIDENT GRIFFO: Senator
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1 DeFrancisco.
2 SENATOR DeFRANCISCO: Can we take
3 up previously adopted resolution --
4 ACTING PRESIDENT GRIFFO:
5 Senator -- Senator DeFrancisco --
6 SENATOR DeFRANCISCO: You have
7 motions? She didn't tell me you had motions.
8 Lisa Harris made a big mistake --
9 (Laughter.)
10 SENATOR DeFRANCISCO: -- so I would
11 now ask you to recognize Senator Gianaris.
12 ACTING PRESIDENT GRIFFO: I think
13 Lisa is incapable of making mistakes.
14 But Senator Gianaris.
15 SENATOR GIANARIS: I don't even
16 know what to say.
17 Thank you, Mr. President. On behalf
18 of Senator Brooks, on page 29 I offer the
19 following amendments to Calendar 275, Senate
20 6757, and ask that said bill retain its place on
21 the Third Reading Calendar.
22 ACTING PRESIDENT GRIFFO: The
23 amendments are received. The bill shall retain
24 its place on third reading.
25 SENATOR GIANARIS: And on behalf of
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1 Senator Rivera, on page 38 I offer amendments to
2 Calendar 368, Senate 169, and ask that said bill
3 retain its place on the Third Reading Calendar.
4 ACTING PRESIDENT GRIFFO: The
5 amendments are also received, and the bill shall
6 retain its place on third reading.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Now can we
9 take up previously adopted Resolution 3752, by
10 Senator Peralta, read the title only, and call on
11 Senator Peralta to speak.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: Legislative
15 Resolution Number 3752, by Senator Peralta,
16 commemorating the 174th anniversary of the
17 Dominican Republic Independence to be celebrated
18 on February 27, 2018.
19 ACTING PRESIDENT GRIFFO: Senator
20 Peralta.
21 Can I have some order in the
22 chamber, please.
23 Senator Peralta.
24 SENATOR PERALTA: Thank you,
25 Mr. President.
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1 This year we mark the 174th
2 anniversary of the Dominican Republic's
3 independence. And as the first
4 Dominican-American to be elected to this chamber,
5 it is a privilege and an honor to be here today,
6 standing on the floor to commemorate our
7 independence.
8 It happened February, 27, 1844, a
9 day like today, 174 years ago. Now, prior to
10 1844, specifically in 1838, Juan Pablo Duarte
11 formed La Trinitaria, a secret society founded
12 with the objective of gaining independence from
13 Haiti.
14 As you probably know, Juan Pablo
15 Duarte is the nation's patriarch. His historical
16 significance is evident. Landmarks honoring the
17 patriarch include Pico Duarte, which is the
18 highest mountain in the Caribbean, and Duarte
19 Square, a park in New York City.
20 When forming La Trinitaria, Juan
21 Pablo Duarte was joined by Matías Mella and
22 Rosario Sánchez. The same way we identify
23 American independence with the leadership of
24 George Washington, Ben Franklin, Thomas
25 Jefferson, and John Adams, the Dominican
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1 independence is identified with La Trinitaria, or
2 Los Trinitarios.
3 Just six years after its foundation,
4 Los Trinitarios declared independence from Haiti.
5 In 1844, the Dominican Republic adopted its first
6 constitution.
7 While today we celebrate Dominican
8 independence, we also celebrate the many
9 contributions Dominicans and Dominican-Americans
10 have made to our city, our state, and to our
11 great nation -- contributions to the economy, the
12 arts, politics, culture, sports.
13 People like Juan Luis Guerra, an
14 international singer; Cándido Bidó, a great
15 painter; Luis Martínez Richiez, a magnificent
16 sculptor; Johnny Ventura, for those of you who
17 love merengue, a merenguero; and many baseball
18 players. Many of you have been honored to be in
19 their presence: Pedro Martínez -- right,
20 Mr. President? -- and Vladimir Guerrero, who are
21 two Major League Hall of Famers.
22 And of course I want to point out
23 and give a special shout-out to the first
24 Dominican female Senator, Marisol Alcantara.
25 I am proud to stand here, I am proud
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1 to stand here as a Dominicano, as a
2 Dominican-American, especially today more than
3 ever. We're a nation of immigrants, but
4 unfortunately some people conveniently tend to
5 forget that fact. Immigrants are under attack,
6 and that is just unreasonable and unconscionable.
7 And that's why we need to recommit
8 ourselves to protect their rights, but also
9 allowing them the opportunity to excel
10 academically, an opportunity to dream, an
11 opportunity to turn that dream into reality.
12 Because we're all immigrants or children of
13 immigrants. Let's not ever forget that reality.
14 And by this resolution, I'd like to
15 extend our best wishes to our Dominican-American
16 friends throughout the City of New York and the
17 State of New York. Que viva La República
18 Dominicana!
19 Thank you.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Peralta.
22 The resolution, as indicated, was
23 previously adopted on February 13th of 2018.
24 The sponsor has opened up the
25 resolution for cosponsorship. If a member
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1 chooses to be a cosponsor, they should notify the
2 desk. Feliz dia de la Independencia Dominicana.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Can we now
5 take up the noncontroversial reading of the
6 calendar.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number 97,
10 by Senator Ortt, Senate Print 244, an act to
11 amend the State Administrative Procedure Act.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 100, by Senator Murphy, Senate Print 3751A, an
24 act to amend the State Administrative Procedure
25 Act.
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1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 7. This
4 act shall take effect on the first of January.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 112, by Senator Marcellino, Senate Print 3479A,
13 an act to amend the Education Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 13. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Results?
22 THE SECRETARY: In relation to
23 Calendar Number 112, those recorded in the
24 negative are Senators Alcantara, Avella and
25 Carlucci.
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1 Ayes, 56. Nays, 3.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 171, by Senator Ortt, Senate Print 690A, an act
6 to amend the Mental Hygiene Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 191, by Senator Bonacic, Senate Print 2059, an
19 act to amend the Judiciary Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58. Nays, 1.
3 Senator Avella recorded in the negative.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 282, by Senator Amedore, Senate Print 6960A, an
8 act to require.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 356, by Senator Peralta, Senate Print 479, an act
21 to amend the Tax Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
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1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59. Nays, 1.
5 Senator Kavanagh recorded in the negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 358, by Senator Marcellino, Senate Print 1748, an
10 act to amend the Legislative Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 120th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 359, by Senator Gallivan, Senate Print 1983, an
23 act to amend the Public Officers Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 386, by Senator Marchione, Senate Print 210, an
11 act to amend the County Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 394, by Senator Larkin, Senate Print 2388, an act
24 to amend the General Municipal Law.
25 ACTING PRESIDENT GRIFFO: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59. Nays, 1.
8 Senator Kaminsky recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 412, by Senator Golden, Senate Print 29, an act
13 to amend the General Business Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 415, by Senator Little, Senate Print 389, an act
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1 to amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 418, by Senator Avella, Senate Print 1566, an act
14 in relation to.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately and shall
19 expire February 2, 2020.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 421, by Senator Amedore, Senate Print 4310, an
3 act to amend the Vehicle and Traffic Law.
4 SENATOR DeFRANCISCO: Please lay it
5 aside for the day.
6 ACTING PRESIDENT GRIFFO: The bill
7 is laid aside for the day.
8 Senator DeFrancisco, that completes
9 the noncontroversial reading of today's
10 active-list calendar before the house.
11 SENATOR DeFRANCISCO:
12 Mr. President, would you please recognize Senator
13 Comrie to introduce a student government class, a
14 very, very important one, from his district and a
15 district in Queens where I was yesterday.
16 (Laughter.)
17 ACTING PRESIDENT GRIFFO: Could I
18 please have some order in the house.
19 Senator Comrie.
20 SENATOR COMRIE: Thank you,
21 Mr. President.
22 I would have loved to have visited
23 with Senator DeFrancisco yesterday, so next time
24 you're in Queens, please let me know.
25 (Laughter.)
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1 SENATOR COMRIE: I'm happy to
2 introduce -- or acknowledge, because they had to
3 leave due to the fact that their bus was leaving.
4 But we had over 40 young people from
5 Junior High School 109, which is a school in my
6 district that is doing well and is just starting
7 a Gifted and Talented Program. And as they're
8 growing in stature and growing in reputation,
9 they're bursting at the seams from parents that
10 want to be at a great school.
11 These young people today, the
12 40 students that came to Albany, wanted to come
13 to lobby their elected officials. They were
14 actually elected to leadership positions in their
15 classrooms within their school by their fellow
16 students. And today they had an opportunity to
17 get a practical knowledge of state government.
18 They were excited to be here.
19 And I just want to acknowledge them
20 and, for their friends and family, thank the
21 parents that came up and the teachers that made
22 sure that they were able to be here.
23 Unfortunately, they had to leave,
24 but I just wanted, for the record, to acknowledge
25 that they did spend time in the gallery, they did
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1 visit the Assembly, they went and lobbied some
2 elected officials that were here, and they had an
3 opportunity to do a tour. And hopefully we can
4 encourage more young people to come up to Albany
5 to be involved in government.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Thank
8 you, Senator Comrie.
9 The record will note that the
10 students from Junior High 109 were present today.
11 We hope they had an informative and an enjoyable
12 experience here in the State Capitol.
13 Thank you, Senator Comrie.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Is there any
16 further business at the desk?
17 ACTING PRESIDENT GRIFFO: There is
18 no further business before the desk.
19 SENATOR DeFRANCISCO: That being
20 the case, I move to adjourn until Wednesday,
21 February 28th, at 11:00, 11:00 a.m.
22 ACTING PRESIDENT GRIFFO: On
23 motion, the Senate will stand adjourned until
24 Wednesday, February 28th, at 11:00 a.m.
25 The Senate is adjourned.
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1 (Whereupon, at 4:04 p.m., the Senate
2 adjourned.)
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