Regular Session - March 22, 2018

                                                                   1507

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 22, 2018

11                     10:53 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PAMELA HELMING, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1508

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

 2                ACTING PRESIDENT HELMING:   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 HELMING:   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 HELMING:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Wednesday, March 21st, the Senate met pursuant 

18   to adjournment.  The Journal of Tuesday, 

19   March 20th, was read and approved.  On motion, 

20   Senate adjourned.

21                ACTING PRESIDENT HELMING:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               1509

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Floor Leader.

 7                SENATOR DeFRANCISCO:   Madam 

 8   President, I move to adopt the Senate Resolution 

 9   Calendar.

10                ACTING PRESIDENT HELMING:   All in 

11   favor of adopting the Resolution Calendar, with 

12   no exceptions, please signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT HELMING:   

15   Opposed?  

16                (No response.)

17                ACTING PRESIDENT HELMING:   The 

18   resolution is adopted.

19                SENATOR DeFRANCISCO:   Can we now 

20   take up previously adopted Resolution 3136, by 

21   Senator Marchione, read the title only, and call 

22   on Senator Marchione to speak.

23                ACTING PRESIDENT HELMING:   The 

24   Secretary will please read.

25                THE SECRETARY:   Legislative 


                                                               1510

 1   Resolution Number 3136, by Senator Marchione, 

 2   memorializing Governor Andrew M. Cuomo to 

 3   proclaim April 9, 2018, as Yellow Ribbon Day in 

 4   the State of New York.

 5                ACTING PRESIDENT HELMING:   Senator 

 6   Marchione on the resolution.

 7                SENATOR MARCHIONE:   Thank you, 

 8   Madam President.  

 9                I rise to speak on my resolution 

10   memorializing Governor Cuomo to proclaim 

11   April 9, 2018, as Yellow Ribbon Day in our 

12   state.

13                On April 9th, yellow ribbons will 

14   be placed across the region to show support for 

15   those serving in our armed forces.  Many 

16   patriotic individuals have devoted countless 

17   hours distributing yellow ribbons around our 

18   state to heighten awareness of and express 

19   support for our servicemen and -women who serve 

20   our country, as well as to promote unity and 

21   respect for our brave military members who 

22   defend our liberty.

23                One of those patriotic individuals 

24   who is devoted to and leading this important 

25   cause is with us today.  That individual is 


                                                               1511

 1   Carol Pingelski Hotaling, popularly known as the 

 2   Yellow Ribbon Lady.  

 3                Carol Pingelski Hotaling, who's 

 4   sitting up front, is a tireless, passionate and 

 5   powerful advocate of Yellow Ribbon Day.  She is a 

 6   true patriot who always puts our country and our 

 7   men and women who defend it first.  She shared 

 8   with me that former Senate Republican Majority 

 9   Leader and my good friend Senator Joe Bruno 

10   advanced the first Senate resolution on this 

11   issue back on March 21, 2006.  

12                Carol Pingelski Hotaling also 

13   mentioned that March 21, 2008, is the anniversary 

14   of the finding of the remains of Matt Maupin, a 

15   POW in Iraq, and the first since the Vietnam War.

16                She is advocating for Yellow Ribbon 

17   Day to become a national day, and she has been 

18   urging members of Congress to support this 

19   important nonpartisan effort.  

20                Many in this chamber will recall 

21   that during the Iranian hostage crisis, when 

22   52 of our fellow Americans were held captive for 

23   444 days, yellow ribbons were tied around trees 

24   as a symbol of national unity and remembrance for 

25   our fellow Americans.  And during the first 


                                                               1512

 1   Persian Gulf War, Americans again tied yellow 

 2   ribbons around trees and wore yellow ribbons on 

 3   their lapels also to showcase our solidarity and 

 4   support for our troops serving in harm's way.

 5                We must never forget the servicemen 

 6   and -women who heroically, faithfully and 

 7   courageously serve our country.  No greater debt 

 8   is owed than that owed to those who gave their 

 9   lives for their beloved nation and to those who 

10   continue to be missing in action.  American 

11   former prisoners of war are heroes whose service 

12   to our country will never be forgotten.  These 

13   brave men and women fought for their country and 

14   endured cruelties and deprivation as they helped 

15   protect our nation, liberating millions from 

16   tyranny and terror, advancing the cause of 

17   freedom worldwide.

18                We are the land of the free because 

19   of our brave, the courageous men and women who 

20   defend our nation and preserve the liberties 

21   enshrined in our Constitution.  These are the 

22   true heroes that dedicated patriots like Carol 

23   Pingelski Hotaling and Yellow Ribbon Day seek to 

24   honor.  I thank her for her dedication, devotion 

25   and leadership on this important cause.  


                                                               1513

 1                With Carol Pingelski Hotaling 

 2   today -- and I would ask if you would stand -- 

 3   are Staff Sergeant John Cox and Staff Sergeant 

 4   Stephanie Lambert, both of whom are with Stratton 

 5   Air National Guard's 109th Air Lift Wing in 

 6   Scotia; United States Army recruiter Staff 

 7   Sergeant Leonard W. Doan; and my constituent, 

 8   Jamie Margelot, of East Nassau, who has been a 

 9   strong supporter of this effort.

10                Also with us on the Senate floor 

11   today are Halfmoon Town Supervisor Kevin Tollisen 

12   and Halfmoon Deputy Town Supervisor and Town 

13   Councilman Paul Hotaling, who is Carol Pingelski 

14   Hotaling's son.  Both Supervisor Tollisen and 

15   Deputy Supervisor Hotaling are also from my 

16   hometown of Halfmoon.

17                Madam President and my colleagues, 

18   please give Carol Pingelski Hotaling and all of 

19   these guests a round of applause for their 

20   support of Yellow Ribbon Day.

21                Thank you, and thank you for your 

22   support.

23                (Standing ovation.)

24                ACTING PRESIDENT HELMING:   Senator 

25   Tedisco.


                                                               1514

 1                SENATOR TEDISCO:   Thank you, Madam 

 2   President.  

 3                I want to welcome Carol and her 

 4   outstanding military personnel, our councilman 

 5   and our supervisor.  

 6                I had the opportunity to represent 

 7   Halfmoon, albeit for a very short period of time.  

 8   But it's a wonderful town, it's got wonderful 

 9   leadership.  And of course it's got a wonderful 

10   First Lady, who I believe does live in my 

11   district.  

12                And you know, we have the best, the 

13   brightest, most courageous and compassionate 

14   fighting force for good in the world, and these 

15   are a part of them.  Yesterday we saluted the 

16   UMAC organization, which is all our military 

17   bases in the Capital Region, not only protecting 

18   our freedom and liberty, but $1 billion is put 

19   into the economy because of the work they do in 

20   this particular region.

21                But that pales in terms of the 

22   sacrifice that these individuals make for us, 

23   putting their total lives on the line, their 

24   families, who they have to leave, who stand up 

25   for them and support them all the way.  


                                                               1515

 1                And Carol is an example of always 

 2   giving us the opportunity to remember and be 

 3   reminded.  We may not think about them being in 

 4   harm's way, but every single day around this 

 5   globe there are men and women representing the 

 6   foundation that makes us the greatest nation in 

 7   the world, and that's our freedom and liberty.  

 8   And they're willing to sacrifice everything so we 

 9   can have everything.  And that's all the glorious 

10   parts of the great Constitution that gives us 

11   those freedoms and liberties from a higher power 

12   up above.

13                So Carol, thank you so much for 

14   doing that, for starting that a while back and 

15   prevailing and continuing to do it every year, 

16   and reminding us every year that before we put 

17   our feet on the ground maybe when we say our 

18   prayers, even before we get out of our napping, 

19   our sleeping and get up in the morning, we should 

20   thank God for our veterans, our men and women who 

21   are in the past, present and in the future will 

22   retain the great freedoms and liberties we have.  

23                So God bless you, Carol, and God 

24   bless our men and women of the armed forces.  And 

25   God bless the United States of America.


                                                               1516

 1                Thank you for being here today.

 2                ACTING PRESIDENT HELMING:   Senator 

 3   Little on the resolution.

 4                SENATOR LITTLE:   Thank you, Madam 

 5   President.  

 6                You know, when this first began, 

 7   whether you tied a yellow ribbon around a big oak 

 8   tree or wore a yellow ribbon, it reminded 

 9   everyone that we had men and women who were 

10   serving our country and were a long ways from 

11   home.  

12                The good news today is we don't have 

13   as many who are as far away from home -- Iraq, 

14   Syria, all of those places, as we did then.  But 

15   we still have men and women who are dedicating 

16   their lives to our country and putting themselves 

17   at risk.  And each of these men who are here 

18   today, and those who are serving, know that in 

19   any given day they may be called upon to make the 

20   ultimate sacrifice.  And they're willing to do 

21   it.  

22                So I thank them, I thank Carol for 

23   this wonderful opportunity that people have 

24   through the years to be able to express our 

25   support for our men and women who are serving our 


                                                               1517

 1   country a long ways from home.  Thank you very 

 2   much.  

 3                ACTING PRESIDENT HELMING:   Thank 

 4   you, Senator Little.

 5                Seeing there are no other members 

 6   wishing to speak on this resolution, I'd like to 

 7   extend, on behalf of New York State Senate, our 

 8   warmest welcome to our guests today.  Thank you 

 9   for your service and your sacrifice to this great 

10   country of ours.  

11                And Carol, thank you so much for 

12   carrying on the tradition of the yellow ribbon.  

13   As a mother-in-law with my son-in-law serving 

14   overseas, I just want to thank you so much.  It 

15   means so much that people remember our servicemen 

16   and -women.  

17                To all of you, I extend the 

18   privileges and courtesies of this floor.  And 

19   again, thank you.

20                (Applause.)

21                ACTING PRESIDENT HELMING:   Senator 

22   DeFrancisco.

23                SENATOR DeFRANCISCO:   That 

24   resolution is open for cosponsorship.  Anybody 

25   who would like to cosponsor, please provide your 


                                                               1518

 1   name at the desk.

 2                ACTING PRESIDENT HELMING:   If you'd 

 3   like to cosponsor this resolution, please notify 

 4   the desk.  Thank you.

 5                SENATOR DeFRANCISCO:   Now can we 

 6   take up the noncontroversial reading of the 

 7   calendar.

 8                ACTING PRESIDENT HELMING:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   292, by Senator Boyle, Senate Print 5243A, an act 

12   to amend the Tax Law.

13                ACTING PRESIDENT HELMING:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT HELMING:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT HELMING:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT HELMING:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1519

 1   435, by Senator Jacobs, Senate Print 6696, an act 

 2   to amend the Alcoholic Beverage Control Law.

 3                ACTING PRESIDENT HELMING:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT HELMING:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT HELMING:   Please 

11   announce the result.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT HELMING:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   565, by Senator Phillips, Senate Print 6806, an 

17   act authorizing.

18                ACTING PRESIDENT HELMING:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT HELMING:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT HELMING:   Announce 


                                                               1520

 1   the result.

 2                THE SECRETARY:   Ayes, 55.  Nays, 3.  

 3   Senators Akshar, Bonacic and O'Mara recorded in 

 4   the negative.

 5                ACTING PRESIDENT HELMING:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   606, by Senator Tedisco, Senate Print 5369, an 

 9   act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT HELMING:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT HELMING:   Please 

15   call the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT HELMING:   Announce 

18   the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT HELMING:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   647, by Senator Alcantara, Senate Print 793, an 

24   act to amend the Public Housing Law.

25                ACTING PRESIDENT HELMING:   Read the 


                                                               1521

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of June.

 4                ACTING PRESIDENT HELMING:   Call the 

 5   roll.

 6                (The Secretary called the roll.) 

 7                ACTING PRESIDENT HELMING:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 57.  Nays, 1.  

10   Senator Gallivan recorded in the negative.

11                ACTING PRESIDENT HELMING:   The bill 

12   is passed.

13                That completes the noncontroversial 

14   reading of the calendar.  

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Yes, would 

17   you please call an immediate meeting of the 

18   Finance Committee in Room 332.

19                ACTING PRESIDENT HELMING:   There 

20   will be an immediate meeting of the Finance 

21   Committee in Room 332 of the Capitol.  

22                The Senate will stand at ease.

23                SENATOR DeFRANCISCO:   And for 

24   information purposes, there will be one bill 

25   coming out of the Finance Committee that we'll 


                                                               1522

 1   take up today.

 2                (Whereupon, the Senate stood at ease 

 3   at 11:08 a.m.)

 4                (Whereupon, the Senate reconvened at 

 5   11:17 a.m.)

 6                ACTING PRESIDENT HELMING:   Senator 

 7   DeFrancisco.

 8                SENATOR DeFRANCISCO:   Can we go 

 9   back to motions and resolutions.

10                ACTING PRESIDENT HELMING:  Motions 

11   and resolutions.

12                SENATOR DeFRANCISCO:   Thank you.  

13                On page 50, I offer the following 

14   amendments to Calendar Number 646, Senate Print 

15   631, by Senator Boyle, and ask that that bill 

16   retain its place on the Third Reading Calendar.

17                ACTING PRESIDENT HELMING:   So 

18   ordered.

19                SENATOR DeFRANCISCO:   Now, 

20   Madam President, is there a report of the 

21   Finance Committee at the desk?  

22                ACTING PRESIDENT HELMING:   Yes, 

23   there is.

24                SENATOR DeFRANCISCO:   And could we 

25   hear that report.


                                                               1523

 1                ACTING PRESIDENT HELMING:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Senator Young, from 

 4   the Committee on Finance, reports the following 

 5   bill direct to third reading:  

 6                Senate Print 7502, Senate Budget 

 7   Bill, an act making appropriations.

 8                SENATOR DeFRANCISCO:   I move to 

 9   accept the report of the Finance Committee.

10                ACTING PRESIDENT HELMING:   All 

11   those in favor?  

12                (Response of "Aye.")

13                ACTING PRESIDENT HELMING:   Opposed?  

14                (No response.)

15                ACTING PRESIDENT HELMING:   The 

16   report is accepted.

17                SENATOR DeFRANCISCO:   All right.  

18   Now can we go to Senate Supplemental Calendar 

19   Number 24A, please, and do the noncontroversial 

20   reading.

21                ACTING PRESIDENT HELMING:   The 

22   Secretary will read.

23                THE SECRETARY:   On page 1, Senator 

24   Young moves to discharge, from the Committee on 

25   Finance, Assembly Bill Number 9502 and substitute 


                                                               1524

 1   it for the identical Senate Bill 7502, Third 

 2   Reading Calendar 726.

 3                ACTING PRESIDENT HELMING:   The 

 4   substitution is ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   726, Assembly Budget Bill, Assembly Print 9502, 

 8   an act making appropriations.  

 9                ACTING PRESIDENT HELMING:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT HELMING:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT HELMING:   Please 

17   announce the results.

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT HELMING:   The bill 

20   is passed.

21                SENATOR DeFRANCISCO:   Madam 

22   President, is there any further business at the 

23   desk?

24                ACTING PRESIDENT HELMING:   There is 

25   no further business before the desk.


                                                               1525

 1                SENATOR DeFRANCISCO:   In that case, 

 2   I move to adjourn until Monday, March 26th, at 

 3   3:00 p.m., intervening days being legislative 

 4   days.

 5                ACTING PRESIDENT HELMING:   On 

 6   motion, the Senate stands adjourned until Monday, 

 7   March 26th, at 3:00 p.m., intervening days being 

 8   legislative days.

 9                (Whereupon, at 11:20 a.m., the 

10   Senate adjourned.)

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