Regular Session - April 25, 2018

                                                                   2158

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 25, 2018

11                     12:31 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24

25


                                                               2159

 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 and 

 5   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 today, I ask all present to 

11   please bow your heads in a moment of silent 

12   prayer and/or reflection.

13                (Whereupon, the assemblage respected 

14   a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Tuesday, 

18   April 24th, the Senate met pursuant to 

19   adjournment.  The Journal of Monday, April 23rd, 

20   was read and approved.  On motion, Senate 

21   adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               2160

 1                Messages from the Assembly.

 2                The Secretary will read.

 3                THE SECRETARY:   On page 36, Senator 

 4   LaValle moves to discharge, from the Committee on 

 5   Education, Assembly Bill Number 9918 and 

 6   substitute it for the identical Senate Bill 7641, 

 7   Third Reading Calendar 581.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                Messages from the Governor.

11                Reports of standing committees.

12                Reports of select committees.

13                Communications and reports of state 

14   officers.

15                Motions and resolutions.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Yes, on 

18   page 52 I offer the following amendments to 

19   Calendar 789, Senate Print 4007, by 

20   Senator Funke, and ask that said bill retain its 

21   place on the Third Reading Calendar.

22                ACTING PRESIDENT GRIFFO:   The 

23   amendments are received, and the bill shall 

24   retain its place on third reading.

25                SENATOR DeFRANCISCO:   Please 


                                                               2161

 1   recognize Senator Klein.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Klein.

 4                SENATOR KLEIN:   Thank you, 

 5   Mr. President.

 6                On behalf of Senator Krueger, I move 

 7   that the following bill be discharged from its 

 8   respective committee and be recommitted with 

 9   instructions to strike the enacting clause:  

10   Senate Number 6378.

11                ACTING PRESIDENT GRIFFO:   It is so 

12   ordered.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can you 

15   take up previously adopted Resolution 4173, by 

16   Senator Tedisco, read the title only, and call on 

17   Senator Tedisco to speak.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 4173, by Senator Tedisco, 

22   recognizing April 27, 2018, as Blue Friday.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Tedisco.

25                SENATOR TEDISCO:   Thank you, 


                                                               2162

 1   Mr. President.

 2                Mr. President and my colleagues, as 

 3   you may or may not know, this Friday is 

 4   Blue Friday New York in New York State.  

 5                And as we discuss this commemorative 

 6   resolution we passed to commemorate that day, 

 7   those who we remember now -- maybe we should 

 8   remember them all 365 days of the year, but 

 9   especially this Friday -- I think we're reminded 

10   of why we always can say we live in the greatest 

11   nation, the greatest country in the whole world.  

12                We had some unbelievable 

13   Founding Fathers who created some wonderful 

14   documents -- the Constitution of the United 

15   States of America, a great Bill of Rights.  It 

16   continues to expand as we recognize all our 

17   freedoms and liberties.  

18                But you and I understand no man, no 

19   women ever gave us those freedoms and liberties.  

20   No man, no woman can ever take them away from us.  

21   They're inalienable rights.  We were born into 

22   this world with those freedoms and liberties.  

23   Great job by our Founding Fathers by chronicling 

24   them.  

25                But every human being in every other 


                                                               2163

 1   country in every corner of this world has those 

 2   same freedoms and liberties.  The difference 

 3   is -- and it's one spectacular difference -- we 

 4   can live those freedoms and liberties beyond 

 5   every other human being in every other part of 

 6   those countries.  They may have better math 

 7   scores, they may live longer than us, but we have 

 8   the greatest gifts of all to live, and those are 

 9   those freedoms and those liberties.  

10                Having said that, I think there's 

11   two main groups which give us the opportunity to 

12   continue to do that, past, present and future -- 

13   what I call always the best, the brightest, most 

14   courageous and compassionate fighting force in 

15   the whole world for good, the men and women of 

16   our armed forces.  And some of those same men and 

17   women of the armed forces, and others, who come 

18   back and become our law enforcement officials and 

19   our first responders.  

20                It's only because of them, and them 

21   protecting those great documents, the 

22   Constitution and the Bill of Rights, those 

23   inalienable rights, that we can live, at the 

24   level we do, those freedoms and liberties.

25                And one in particular I'm reminded 


                                                               2164

 1   of, because as they leave their home every 

 2   morning, those law enforcement officials, they 

 3   know and their families know that they may have 

 4   to face the violence that is facing us and put 

 5   themselves in harm's way so we can have the right 

 6   to life, probably the most important freedom or 

 7   liberty we have.

 8                So today I'm proud to say, 

 9   Mr. President, each and every day the brave and 

10   courageous men and women of law enforcement put 

11   their lives on the line to keep us safe and 

12   protect our community.  These men and these 

13   women, we have to call them, in every sense of 

14   the word, our local heroes.  

15                Sadly, each year 140 to 160 police 

16   officers are killed in the line of duty.  And 

17   their families and coworkers and all of us are 

18   left to cope with these tragic losses.  The 

19   mission of Blue Friday New York is to help 

20   rebuild the lives of survivors of law enforcement 

21   officers killed in the line of duty, by serving 

22   as a clearinghouse for federal and state 

23   benefits, information, and resources that may be 

24   available to families of our fallen police 

25   officers.  


                                                               2165

 1                Blue Friday is a reminder to pay 

 2   tribute to all those in law enforcement in their 

 3   community who protect and serve, particularly 

 4   those who have made the ultimate sacrifice.

 5                In the Capital Region, radio station 

 6   WGNA has joined forces with Blue Friday New York, 

 7   Hannaford Supermarkets, the 99 Restaurant, and 

 8   RC Lacy Ford Lincoln Subaru, to recognize 

 9   April 27, 2018, as the 14th annual Blue Friday.

10                Mr. President and my colleagues, as 

11   we pass this and remember this resolution, we 

12   designate Friday, April 27th, as Blue Friday in 

13   the State of New York.  I'm proud to be its 

14   sponsor.  I ask you to join me in saluting all 

15   members of law enforcement and recognizing and 

16   thanking the family members of those who served 

17   in that Thin Blue Line and who have sacrificed 

18   everything for the protection of New York's 

19   families and for all we hold dear.  

20                Lastly, Mr. President, I would ask 

21   you to join me and my colleagues in recognizing 

22   in the gallery, if they would stand, please, 

23   members of law enforcement who are here to 

24   support Blue Friday, including Vice President 

25   Lou Somma, vice president of Blue Friday, and 


                                                               2166

 1   Blue Friday Director Bob Markel.  

 2                Thank you, gentlemen, for your 

 3   service.  God bless all of our law enforcement.

 4                (Applause.)

 5                ACTING PRESIDENT GRIFFO:   On behalf 

 6   of Senator Tedisco and the entire house, we 

 7   welcome Lou and Bob to the chamber.  We extend 

 8   the courtesies of the house.  We appreciate your 

 9   dedication to the well-being of all men and women 

10   throughout all communities in this state and 

11   across the nation.  

12                And as indicated, the resolution was 

13   previously adopted on March 20th of 2018.  

14                The resolution is open for 

15   cosponsorship.  Should you choose to be a 

16   cosponsor, please notify the desk.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, could 

19   you call on Senator Tedisco again, but this is 

20   for a very brief introduction.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Tedisco for a brief introduction.

23                SENATOR TEDISCO:   Thank you.  Thank 

24   you, Mr. President.  

25                I'm proud and honored, on behalf of 


                                                               2167

 1   myself and Senator Marchione in this body, to 

 2   welcome here today, and they're up in the 

 3   gallery -- maybe they could stand up -- a 

 4   wonderful group from Saratoga County, a woman's 

 5   group, led by President Dianne Freestone.  They 

 6   do wonderful, unbelievable work in Saratoga 

 7   County in a whole variety of ways in our 

 8   community.  

 9                They're here to visit, take a tour, 

10   visit with myself and Senator Marchione and all 

11   our elected officials, and look on this august 

12   body.  

13                I would ask you to welcome them, 

14   thank them for their service to their community 

15   in Saratoga County and our state.  And I wish 

16   them the very best today and look forward to 

17   maybe having a bite to lunch with them later on, 

18   on behalf of Senator Marchione.  

19                Thank you so much for being here.

20                ACTING PRESIDENT GRIFFO:   I thought 

21   you would be buying lunch, Senator Tedisco.  

22                (Laughter.)

23                SENATOR TEDISCO:   Well, maybe I'll 

24   sing a song for them or something, you know.  

25                (Laughter.)


                                                               2168

 1                ACTING PRESIDENT GRIFFO:   We want 

 2   to welcome our guests, for Senator Marchione and 

 3   Senator Tedisco, from Saratoga.  

 4                And thank you for all your efforts 

 5   in the local community.  Thank you, and welcome 

 6   to the Senate.

 7                (Applause.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Can we now 

11   take up a previously adopted resolution by 

12   Senator Bailey, that's 4779, title only, and call 

13   on Senator Bailey to speak.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 4779, by Senator Bailey, 

18   memorializing Governor Andrew M. Cuomo to 

19   proclaim April 26, 2018, as Take Our Children to 

20   Work Day, in conjunction with the observance of 

21   National Take Our Children to Work Day.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Bailey.

24                SENATOR BAILEY:   Thank you, 

25   Mr. President.


                                                               2169

 1                "What do you do?"  It's a question 

 2   that's posed to many of us.  I know I asked my 

 3   father and mother that when I was a child:  "What 

 4   do you do?"  And Take Your Children to Work Day 

 5   is a perfect opportunity for those of us in this 

 6   body and those of us who may be watching and our 

 7   friends and families to let our children know 

 8   exactly what it is that we do.  

 9                Why do you go to work, Dad?  Why do 

10   you go to work, Mom?  In this body, in this 

11   house, we say it's to help people, it's for 

12   public service.  And our children deserve to know 

13   why we do what we do.  And we should be exposing 

14   them to that not just in conversation -- like I 

15   have with my oldest, Giada, and my youngest, 

16   Carina, about what it is that daddy does -- but 

17   let them see what we do.  That's why this day is 

18   so important.  

19                It's on the fourth Thursday of every 

20   April.  And the first iteration of this was Take 

21   Your Daughter to Work Day, which took place on 

22   April 22, 1993.  And I remember being 11 years 

23   old and -- whoa, Take Your Daughter to Work Day?  

24   How come I can't go to work with my dad or my 

25   mom?  But at the time I didn't understand what 


                                                               2170

 1   the meaning of it was.  

 2                And the meaning of it rings true now 

 3   more than ever:  It's to expose young women to 

 4   the workplace so that they can see a path 

 5   forward.  And I believe that through internships 

 6   and through more exposure to the workplace, I 

 7   believe our young women will be better served.  

 8                But I'm glad in 2003 that they 

 9   expanded it to say Take Your Children to Work, 

10   because our sons need to make sure that they know 

11   what it is to go where mom and dad work as well.  

12                And, you know, this has been an 

13   issue on the national stage, with Senator Tammy 

14   Duckworth recently bringing her daughter to the 

15   U.S. Senate floor.  And that's probably the 

16   most -- the earliest exposure to the Senate that 

17   any child has ever had.  And I think that's going 

18   to bode well for that young individual.

19                And, you know, I was looking through 

20   some of the websites, and they said dos and 

21   don'ts about what to do on this day.  And I'd 

22   just encourage my colleagues, if you have the 

23   opportunity as we're in our districts tomorrow, 

24   if we get a chance, to bring our children to 

25   work, if they're interested.  And I know I have 


                                                               2171

 1   younger kids who are interested, and as they get 

 2   older, I understand they get less interested in 

 3   what mommy and daddy do for work.  

 4                But rest assured, Giada, you will be 

 5   with daddy in the office tomorrow.  I expect you 

 6   to be prompt and on time.  

 7                And to my colleagues, I encourage 

 8   you once again to ensure that we're doing our 

 9   best to make sure that young minds in our great 

10   city, state and country are doing our best to 

11   cultivate that.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator Bailey.  

15                As indicated, the resolution has 

16   been previously adopted.  It is open for 

17   cosponsorship.  Should you choose to be a 

18   cosponsor, please notify the desk.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Would you 

21   please take up the noncontroversial reading of 

22   the calendar.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2172

 1   200, by Senator Hannon, Senate Print 6673, an act 

 2   to amend the Public Health Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   581, substituted earlier by Member of the 

15   Assembly Glick, Assembly Print 9918, an act to 

16   amend Chapter 217 of the Laws of 2015.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2173

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   664, by Senator Ritchie, Senate Print 1432, an 

 4   act to amend the Agriculture and Markets Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

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

13   Senator Montgomery recorded in the negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   665, by Senator Gallivan, Senate Print 2937, an 

18   act to amend the Agriculture and Markets Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect on the 30th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2174

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Bailey to explain his vote.

 3                SENATOR BAILEY:   I will be voting 

 4   in the affirmative on this bill.  I would just 

 5   like to -- I'm voting in the affirmative because 

 6   the overarching issue of animal cruelty is very 

 7   important.  

 8                But I would just like to indicate to 

 9   the sponsor that some of our greatest advocates 

10   in prison reform are those who have been formerly 

11   incarcerated.  So just simply because one has 

12   committed an offense, we shouldn't preclude them 

13   from advocating whatsoever against that 

14   whatsoever.  

15                I understand animal cruelty is very 

16   offensive -- and again, that's why I'm voting for 

17   this legislation.  But let's just keep in mind, 

18   individuals who have done offenses in the past 

19   shouldn't be precluded in the future from doing 

20   anything related to the subject.

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Bailey to be recorded in the affirmative.

24                Senator Kavanagh to explain his 

25   vote.


                                                               2175

 1                SENATOR KAVANAGH:   Yeah, I share 

 2   some of the concerns expressed by my colleague 

 3   just now.  

 4                I will be voting in the negative on 

 5   this bill.  I think it's important that animal 

 6   shelters and other facilities maintain standards 

 7   for who's working there, but this bill goes too 

 8   far.  It says that if you've ever been convicted 

 9   of a wide range of offenses involving animals, 

10   including abandoning an animal, that for the rest 

11   of your life, if you work or volunteer in an 

12   animal facility, even incidentally, you're 

13   committing a Class A misdemeanor.  

14                The sponsor's memo likens this to 

15   situations where somebody has committed offenses 

16   against children and is trying to work in a 

17   daycare center.  But we've created a wide range 

18   of protections for children in those settings, 

19   including background checks and a variety of 

20   other things.  

21                So again, this bill just, by virtue 

22   of just creating a Class A misdemeanor, goes too 

23   far.  And in a time when, as my colleague has 

24   mentioned, we're trying to reconsider the status 

25   of people who are incarcerated and make sure our 


                                                               2176

 1   justice system is truly just, although I have 

 2   great respect for the sponsor and am a very 

 3   strong advocate of animal protection, I'll be 

 4   voting no on this bill.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Kavanagh to be recorded in the negative.

 7                Announce the results.

 8                THE SECRETARY:   Ayes, 56.  Nays, 2.  

 9   Senators Kavanagh and Montgomery recorded in the 

10   negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                Senator DeFrancisco, that concludes 

14   the active-list calendar noncontroversial 

15   reading.

16                SENATOR DeFRANCISCO:   There's a 

17   one-bill Supplemental Active List 35A, and that 

18   bill is Calendar 202, a Senator Hannon bill, 

19   Senate Number 7354.  I request that you call that 

20   up at this point.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read Supplemental 35A.

23                THE SECRETARY:   Calendar Number 

24   202, by Senator Hannon, Senate Print 7354, an act 

25   to amend the Public Health Law.


                                                               2177

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 5.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Carlucci to explain his vote.

10                SENATOR CARLUCCI:   Thank you, 

11   Mr. President.

12                Unfortunately, last year over 60,000 

13   Americans lost their lives to an opioid overdose.  

14   The Centers for Disease Control tells us that 

15   115 Americans lose their lives every day to an 

16   opioid overdose.  In fact, the problem is so 

17   severe that for the first time in over 55 years, 

18   we've seen the life expectancy of Americans drop 

19   for two years in a row.

20                This is an absolute epidemic.  The 

21   sirens should be ringing, and we should be doing 

22   everything we can to end this opioid epidemic 

23   that we've seen.

24                And I want to thank my colleagues 

25   for supporting this important legislation, 


                                                               2178

 1   because the Drug Enforcement Agency is now 

 2   telling us that a majority of the people that get 

 3   addicted to opioids get their first opioids not 

 4   from a drug dealer, not from a doctor -- from 

 5   someone's medicine cabinet.  

 6                And in New York State, in the vast 

 7   majority of our state, there are few places where 

 8   you can safely dispose of your unused 

 9   pharmaceutical products.  

10                This is something that the 

11   pharmaceutical industry should have been doing 

12   for a long time, and it's a shame that we have to 

13   pass legislation to force them to do this when 

14   we've seen people lose their lives every day.

15                 This is an important step in the 

16   right direction.  It will allow people to safely 

17   dispose of their unused pharmaceutical products.  

18   And we need to continue to do everything we can, 

19   all hands on deck, to make sure that in the 

20   future this opioid epidemic only exists in the 

21   history books.

22                So I want to thank my colleagues for 

23   supporting this legislation and look forward to 

24   working with all of you to continue this momentum 

25   to end the opioid epidemic.


                                                               2179

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Carlucci to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Senator DeFrancisco, that concludes 

 9   the noncontroversial reading of Supplemental 35A.

10                SENATOR DeFRANCISCO:   Yes, I'd like 

11   to introduce an important individual here today, 

12   an individual who made Joe Griffo what he is 

13   today, the acting president of the New York State 

14   Senate.  

15                Lorraine, his wife, is present 

16   today, and I wanted to just give her our 

17   greetings and our best wishes.  

18                (Applause.)

19                SENATOR DeFRANCISCO:   Is there any 

20   further business at the desk?

21                ACTING PRESIDENT GRIFFO:   There is 

22   no further business before the desk.  

23                SENATOR DeFRANCISCO:   There being 

24   none, I move to adjourn until Monday, April 30th, 

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


                                                               2180

 1   days.

 2                ACTING PRESIDENT GRIFFO:   On 

 3   motion, the Senate will stand adjourned until 

 4   Monday, April 30th, at 3:00 p.m., intervening 

 5   days being legislative days.

 6                The Senate is adjourned.

 7                (Whereupon, at 12:50 p.m., the 

 8   Senate adjourned.)

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