Regular Session - May 7, 2018

                                                                   2438

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 7, 2018

11                      3:17 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  


                                                               2439

 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 everyone present to please 

 5   rise 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:   Today's 

10   invocation will be offered by the Reverend 

11   Nathaniel Demosthene, leader pastor of First 

12   Timothy Christian Church in Spring Valley.  

13                Reverend?  

14                REVEREND DEMOSTHENE:   Thank you.

15                Almighty God and Father, You desire 

16   that all might be one.  Not the same, but one.  

17   Not one party, not one race, not one singular 

18   interest, for You are glorified in diversity.  

19                Nevertheless, You want us to be 

20   one -- one heart, one mind, one desire to serve 

21   You and love our neighbors as much if not more 

22   than we serve ourselves.

23                Help us to realize this day that in 

24   serving other people, we are serving You.  Help 

25   us to serve the disabled and those who are most 


                                                               2440

 1   vulnerable among us, in need of our protection 

 2   and concern.  Help us to serve our young, who are 

 3   searching for identity and security, especially 

 4   in our schools.  Help us serve our elderly, who 

 5   are searching for care and comfort; serve the 

 6   homeless and downtrodden, who long for shelter; 

 7   serve the confused, who are longing for clarity, 

 8   mental health and rehabilitation; serve the 

 9   marginalized; serve those who are addicted, who 

10   need help; serve the incarcerated, who need 

11   rehabilitation.  

12                Never let the opinions of others nor 

13   the social trends of the day allow us to abandon 

14   Your law, Your will, just for popular votes.  

15                On Haitian Unity Day today, we thank 

16   you especially for the unity among Haitians and 

17   Americans, as we are a people joined at the hip 

18   since the days of the Revolutionary War, the 

19   Battle of Savannah in Georgia and the Louisiana 

20   Purchase.  The blood of liberty thankfully flows 

21   through the veins of both our peoples, as we have 

22   chosen to work together as pioneering republics 

23   and democracies in this world.  

24                We pray for our elected officials, 

25   that You inspire them as they work for us, guard 


                                                               2441

 1   us and guide us through legislation.  We would 

 2   ask that You protect their families and give them 

 3   the courage of their convictions, never let 

 4   political expediency replace their moral compass 

 5   in doing their jobs.  

 6                In this together we ask that we make 

 7   and continually make our state the 

 8   Empire State -- not a state of injustice, 

 9   prejudice or disenfranchisement, but a place 

10   where Your law is upheld, Your people are given 

11   the dignity of being called Your children.  

12                Forget not our armed forces, and 

13   strengthen our resolve to care for our veterans, 

14   especially those who have been wounded protecting 

15   our freedom.  

16                This we pray through our example of 

17   martyr martyr {ph}, who lives and reigns forever.  

18   Amen.

19                ACTING PRESIDENT GRIFFO:   The 

20   reading of the Journal.

21                THE SECRETARY:   In Senate, Sunday, 

22   May 6th, the Senate met pursuant to adjournment.  

23   The Journal of Saturday, May 5th, was read and 

24   approved.  On motion, Senate adjourned.

25                ACTING PRESIDENT GRIFFO:   Without 


                                                               2442

 1   objection, the Journal will stand approved as 

 2   read.

 3                Presentation of petitions.

 4                Messages from the Assembly.

 5                The Secretary will read.

 6                THE SECRETARY:   On page 39, Senator 

 7   Ortt moves to discharge, from the Committee on 

 8   Veterans, Homeland Security and Military Affairs, 

 9   Assembly Bill Number 4538A and substitute it for 

10   the identical Senate Bill 723A, Third Reading 

11   Calendar 507.

12                On page 49, Senator DeFrancisco 

13   moves to discharge, from the Committee on Local 

14   Government, Assembly Bill Number 8457 and 

15   substitute it for the identical Senate Bill 6677, 

16   Third Reading Calendar 682.

17                ACTING PRESIDENT GRIFFO:   The 

18   substitutions are so ordered.

19                Messages from the Governor.

20                Reports of standing committees.

21                Reports of select committees.

22                Communications and reports of state 

23   officers.

24                Motions and resolutions.

25                Senator DeFrancisco.


                                                               2443

 1                SENATOR DeFRANCISCO:   Yes, on 

 2   page 53 I offer the following amendments to 

 3   Calendar 750, Senate Print 419, by 

 4   Senator Golden, and ask that said bill retain its 

 5   place on the Third Reading Calendar.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   amendments are received.  The bill shall retain 

 8   its place on third reading.

 9                SENATOR DeFRANCISCO:   On page 59, I 

10   offer the following amendments to Calendar 813, 

11   Senate Print 7935, by Senator Helming, and ask 

12   that said bill retain its place on the Third 

13   Reading Calendar.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received.  The bill shall retain 

16   its place on third reading.

17                SENATOR DeFRANCISCO:   I move that 

18   the following bills be discharged from their 

19   respective committees and be recommitted with 

20   instructions to strike the enacting clause, both 

21   bills by Senator Tedisco:  Senate Print 8240 and 

22   8241.

23                ACTING PRESIDENT GRIFFO:   So 

24   ordered.

25                SENATOR DeFRANCISCO:   I wish to 


                                                               2444

 1   call up Senator Little's bill, Print Number 367A, 

 2   recalled from the Assembly, which is now at the 

 3   desk.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   387, by Senator Little, Senate Print 367A, an act 

 8   to amend the General Municipal Law.

 9                SENATOR DeFRANCISCO:   I now move to 

10   reconsider the vote by which the bill was passed.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will call the roll on reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 56.

15                SENATOR DeFRANCISCO:   I now offer 

16   the following amendments.

17                ACTING PRESIDENT GRIFFO:   The 

18   amendments are received.

19                SENATOR DeFRANCISCO:   I'd like to 

20   take up previously adopted Resolution 4788, by 

21   Senator Carlucci, title only, and call on 

22   Senator Carlucci to speak.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               2445

 1   Resolution Number 4788, by Senator Carlucci, 

 2   celebrating Haitian Unity Day on May 7, 2018, in 

 3   conjunction with the observance of Haitian 

 4   Heritage Month.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Carlucci.

 7                SENATOR CARLUCCI:   Thank you, 

 8   Mr. President.

 9                It's an absolute honor and a 

10   privilege to rise and to pass this resolution to 

11   proclaim today as Haitian Unity Day in the State 

12   of New York, and to pay tribute and celebrate the 

13   Haitian community throughout New York.

14                And right now we have over 200,000 

15   Haitians in New York State, making us in New York 

16   the second largest Haitian population in the 

17   nation.  And in fact right in my home county in 

18   Rockland County, we have one of the largest 

19   Haitian populations in the nation.  And in the 

20   village of Spring Valley, we have 23 percent of 

21   the population of Spring Valley -- which is one 

22   of the largest villages in the State of 

23   New York -- with 23 percent of the population 

24   being Haitian.

25                We have with us today a trustee from 


                                                               2446

 1   the Village of Spring Valley, Eudson Tyson 

 2   Francois, who's with us.  Thank you for being 

 3   with us.  

 4                You heard from our Pastor 

 5   Demosthene, who is not just a pastor in the 

 6   Village of Spring Valley but also a teacher, a 

 7   professor, a mentor for so many in our community.  

 8   It's an honor for you to have given us the 

 9   invocation today.  

10                And we're fortunate that we have in 

11   the gallery with us members of the community 

12   throughout the State of New York.  The Assembly 

13   is still doing their proclamation as well.  

14                But we also have someone that we 

15   honored today in the Well, Karine Jean-Pierre, 

16   who is a Haitian-American who has really done so 

17   much good in our community and throughout the 

18   State of New York, responsible for helping 

19   reelect and elect President Barack Obama, and 

20   then also contributing to share her history and 

21   her Haitian roots through a documentary that 

22   everybody should check out and appreciate that.

23                But whether it's the cuisine, 

24   culture, music, dance, the contributions to law 

25   or medicine, Haitians are right there building 


                                                               2447

 1   our state and our country.

 2                As the pastor had mentioned, the 

 3   Louisiana Purchase was -- the Haitians are 

 4   responsible for that.  The soldiers who fought in 

 5   the Revolutionary War against Britain to proclaim 

 6   our freedom are responsible for that as well.

 7                So I'm just honored and privileged 

 8   to be here to give this resolution, and I want to 

 9   thank my colleagues for supporting this, another 

10   successful Haitian Unity Day.  

11                But I think we all have to remember 

12   when we say the word "unity," we mean it; that 

13   together we are strong, we're the strongest 

14   together, and we've got to continue to do that, 

15   to rise -- to raise all boats, to make sure that 

16   we're working to build, continue to build the 

17   Empire State, and that's going to be done with 

18   all of us working together.

19                Thank you so much, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Carlucci.

22                Senator Parker.

23                SENATOR PARKER:   Thank you, 

24   Mr. President.  On the resolution.

25                First let me thank Senator Carlucci 


                                                               2448

 1   for his leadership in honoring and bringing forth 

 2   this resolution on Haitian Unity Day.  

 3                I represent the 21st Senatorial 

 4   District in Brooklyn, which is Flatbush and 

 5   East Flatbush, Midwood, Ditmas Park, 

 6   Windsor Terrace and Park Slope.  And in that 

 7   community I represent the largest population of 

 8   Caribbean immigrants outside the Caribbean in the 

 9   world, including the largest concentration of 

10   Haitian people outside of Haiti in the world.  So 

11   a larger number in Florida; a larger 

12   concentration in my community.  

13                And so it's been really a pleasure 

14   and an honor for me to represent that community 

15   over the past 15 years and learn so much about 

16   the history and the culture of Haiti.  

17                Back in November, I had an 

18   opportunity to take my second trip to Haiti, in 

19   which we met with the Council of Deputies, we met 

20   with the Minister of Foreign Affairs, visited 

21   some schools as well as met with some of the 

22   business owners.  

23                And there's so much that Haiti has 

24   offered and given to the world.  Nothing more 

25   important, though, than the spirit of 


                                                               2449

 1   independence and the longing for freedom.  And 

 2   what we've found, you know, in our history is 

 3   Haiti as the first and the best example of 

 4   resistance to political oppression.

 5                And I remind us on this Haitian 

 6   Unity Day for all of us to study and understand 

 7   the history of Haiti.  I think that it serves 

 8   some really important examples of how we should 

 9   be striving to make our democracy better every 

10   single day.

11                In my community I have a lot of 

12   really important leaders.  You know, everything 

13   from, you know, Assemblywoman Rodneyse Bichotte 

14   to people like Ricot Dupuy, who runs Radio 

15   Soleil.  Those of you in the Haitian community 

16   know how important radio is.  And I've had an 

17   opportunity to visit a number of the stations, 

18   from Radio Soleil to Radio Panou, Radio Tropical, 

19   Radio Flatbush, all of which are important 

20   instruments in our community.  

21                I met just last week a good friend, 

22   Garry Pierre-Pierre, who runs the Haitian Times.  

23                And so, you know, you find in the 

24   Haitian community just a very vibrant sense of 

25   all aspects of life, everything from business to 


                                                               2450

 1   politics to social.  You know, people like 

 2   Jackson Rockingster, who runs the Haitian 

 3   business organization in our community, who's 

 4   also a good friend, as well as a number of the 

 5   pastors like we heard today and who have been 

 6   this very, very important -- and my good friend 

 7   Sam Nicolas, I want to acknowledge him today, and 

 8   his father Philius Nicolas, who have been a 

 9   staple in the religious life of our very vibrant 

10   Haitian community.  

11                And afterwards, if we weren't so 

12   far, I would take you all to YOYO Fritaille for 

13   griot and -- as we have -- but, you know, next 

14   time we have to do it in Brooklyn.

15                I wanted to recognize one of my good 

16   friends, a young lady who I went to high school 

17   with who served almost 30 years in the police 

18   force.  And -- and so she's here, she doesn't 

19   want me to mention her, but -- because she's too 

20   afraid to think that we're the same age, even 

21   though I'm, you know -- but I'm just very proud 

22   of her and her family and all of the folks who 

23   are doing important work in our community.

24                So on the one hand she was a police 

25   officer for a number of years, and her brother is 


                                                               2451

 1   a big-time investment banker.  And that's the 

 2   kind of opportunities that you see America has 

 3   afforded folks from the Haitian community.  It's 

 4   really some of the best of what we see in terms 

 5   of immigrant contributions to American society.

 6                When we talk about this Unity Day, 

 7   we really should understand that and understand 

 8   that, you know, people who were strangers 

 9   yesterday become important parts of the fabric 

10   that makes up this great nation and makes up this 

11   great state.

12                And so here on Haitian Unity Day, I 

13   want to congratulate everyone who has come here 

14   to celebrate with us.  I look forward to the 

15   continuing work that we have to do together.  And 

16   I'm looking forward to just a lot more success as 

17   we build our community through our Little Haiti 

18   project and make sure that the cultural 

19   contributions of the Haitian community in 

20   Flatbush and East Flatbush are properly 

21   documented and properly preserved.

22                Thank you very much, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Parker.  

25                (Applause from gallery.)


                                                               2452

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Comrie.

 3                SENATOR COMRIE:   Thank you, 

 4   Mr. President.  

 5                I rise today to join in thanking 

 6   Senator Carlucci for bringing forth this annual, 

 7   now, resolution for Haitian Unity Day.  

 8                I want to thank all of the people 

 9   that came from all over the state here.  I want 

10   to thank those members in the Assembly -- 

11   Assemblymember Clyde Vanel, who was the first 

12   Haitian-American elected official in Queens, and 

13   Assemblymember Rodneyse Bichotte for continuing 

14   this resolution.  I want to thank all of those 

15   people that came from all over the state to 

16   Albany to be represented today and to celebrate 

17   Haitian unity.

18                My district has the second-largest 

19   homeowner Haitian population in the state, much 

20   less the country.  We have amazing groups that 

21   are in my district such as Haitian-Americans 

22   United for Progress, and other groups which are 

23   focusing on not just helping individuals in 

24   Haiti, but also doing plenty of work here in the 

25   state as well to help people with their status 


                                                               2453

 1   and making sure that their status is protected 

 2   and working hard to deal with the issues that are 

 3   coming from the federal government.

 4                Today Haiti is still recovering from 

 5   natural and economic disaster.  But this 

 6   administration in Washington is telling the 

 7   people that came here -- after a disaster in 

 8   2010, almost 60,000 Haitians came to the U.S. 

 9   under temporary protective status -- 60,000 lives 

10   that are here in the country, people that are 

11   working, with families, people that are holding 

12   jobs, people that are doing things necessary to 

13   be part of the American fabric, are being told 

14   that they have to be gone by July 2019 to a 

15   country that is not ready to handle 60,000 people 

16   coming back, because we've done a terrible job at 

17   repairing the infrastructure in Haiti.

18                So I want to encourage all the 

19   people that are here today, all the groups that 

20   are here, to please come back, to please be 

21   active, to please do everything you can to 

22   exercise your right to be heard in government.  

23   As homeowners, as entrepreneurs, as taxpayers and 

24   as New Yorkers, you deserve to be respected.

25                We are here today to celebrate you 


                                                               2454

 1   as Haitian Unity Day, but we're also here to 

 2   encourage you, as people that are New Yorkers, 

 3   that if you pay taxes, you have a right to 

 4   services.  If you live here and you're working in 

 5   a job, you have a right to be heard.  Please make 

 6   sure that your voices are heard.  Please make 

 7   sure that you do everything you can to be 

 8   represented.  

 9                I'm proud, as a State Senator, to 

10   represent those communities, those people that 

11   want to try to make this city and state a better 

12   place.  And I want to encourage all of us to do 

13   everything we can to push back on what the 

14   administration is trying to do to the Haitian 

15   community, and also to empower the Haitian 

16   community to be part of the full fabric of 

17   American society.

18                Thank you, Mr. President.

19                (Applause from gallery.)

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Comrie.

22                Senator Sanders.

23                SENATOR SANDERS:   Thank you, 

24   Mr. President.  On the resolution.

25                I want to thank the sponsors, they 


                                                               2455

 1   are many -- Carlucci, Parker, Bichotte, Vanel, 

 2   and others, including myself -- for making sure 

 3   that we have such a splendid day.  

 4                To our visitors near and far, I 

 5   greet you in the spirit of the Toussaint 

 6   L'Ouverture.  His last name, of course, was not 

 7   L'Ouverture.  His enemies actually named him 

 8   that.  They said wherever this man goes, he 

 9   creates an opening.  They could not stop him.  

10   They could not figure out how to stop him, 

11   although the French tried, the Spanish tried, the 

12   English tried, the French tried again.  The 

13   armies of Napoleon Bonaparte, known as the 

14   strongest, best armies in the world, were 

15   defeated by armies of the enslaved led by 

16   Toussaint and others -- defeated time and time 

17   again.

18                This is the spirit, I would argue, 

19   of the Haitian population.  This is the spirit 

20   that Haitians bring that no matter where they go 

21   and no matter what the problem that they are 

22   confronted with, they create an opening.  They 

23   seize it and make it happen, in American jargon.

24                The children of 1804 are still with 

25   us.  And they have given to the world community a 


                                                               2456

 1   spirit of freedom -- not just the freedom of 

 2   America, but the spirit of freedom there that was 

 3   more democratic, I would argue, that more people 

 4   were able to join in.

 5                However, we must never miss an 

 6   opportunity to say the French need to pay 

 7   reparations.  They need to pay back what was 

 8   insisted on being taken from them.

 9                (Applause from gallery.)

10                SENATOR SANDERS:   If the French 

11   just paid reparations, we could solve many of the 

12   problems of Haiti today.  We want it with 

13   interest, of course.  

14                (Laughter.)

15                SENATOR SANDERS:   This more than 

16   ever the economy needs.

17                (Applause from gallery.)

18                SENATOR SANDERS:   I want to thank 

19   all of the people who are honored, of course.  

20   But I would be less of a person if I did not take 

21   the opportunity to thank one, and let her be 

22   reflective of my great esteem for all:  Karine 

23   Jean-Pierre.  I think I met her once before on a 

24   journey somewhere.  

25                We used to work together in Queens.  


                                                               2457

 1   She was trying to keep me out of trouble, which 

 2   is a full time job.  

 3                (Laughter.) 

 4                SENATOR SANDERS:   She was -- I 

 5   either helped her so, or in spite of it -- but 

 6   she outgrew Queens, and she decided to move on to 

 7   other places and ended up down in some weird 

 8   place, some strange small hick town they call 

 9   D.C., I believe.

10                I do see, I get a chance to see her 

11   often, though, on TV, like the rest of everyone.  

12   When she is debating people, I've seen people 

13   quake with fear just seeing you come before them.  

14   And after hearing you speak, I understand their 

15   fear.  And I applaud you and continue to do -- 

16   but if you ever got a chance to debate up one or 

17   two people, I could slip you some points now.  

18   Not that she would ever need my point.

19                And that's the point -- what's that, 

20   that's called a transition -- and that's the 

21   point that I'm making again, Mr. President, in 

22   commending the children of 1804, the spirit of 

23   Toussaint, Dessalines -- we could go further.  

24   Well, but I'll be kind.  The spirit still runs 

25   through them, and the spirit is alive today.  


                                                               2458

 1                I am here to hail the unity with our 

 2   Haitian fellow believers in democracy.  And by 

 3   doing this, I shall say no more.

 4                Thank you, Mr. President.  

 5                (Applause from gallery.)

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Sanders.

 8                Senator Alcantara. 

 9                SENATOR ALCANTARA:   On the 

10   resolution.

11                I want to thank my colleague 

12   Senator Carlucci, my colleagues in the Assembly, 

13   Rodneyse and Clyde, for bringing this resolution.  

14                I come -- I share the Island of 

15   Hispaniola with my brothers and sisters from 

16   Haiti.  My family is from a border town in the 

17   Dominican Republic where every Thursday we open 

18   up the markets to exchange with the Haitian 

19   community.  So I am proud to stand here in 

20   solidarity with my brothers and sisters from 

21   Ayiti, celebrating Haitian Unity Day.  

22                And what a proper day to celebrate 

23   this when just last week we had Kanye West saying 

24   that slavery was a choice.  Well, we are here 

25   today celebrating a nation, the first black 


                                                               2459

 1   nation in the Americas to free itself.  Haiti 

 2   gave us the opportunity for places such as 

 3   Venezuela, Colombia, Panama and Mexico to declare 

 4   their independence from their colonial power.  

 5   Haiti is a demonstration of 500 years of 

 6   resistance by people of African descent, fighting 

 7   against European colonial power, and being 

 8   invaded at various times by the United States.  

 9                So for Kanye West and all those that 

10   don't read history and don't know history, please 

11   look up Haiti as a symbol of a group of African 

12   slaves that said enough was enough.  Today is a 

13   day for all of us to say thank you to the nation 

14   of Haiti for teaching the rest of us to fight for 

15   our independence, for our humanity, and for our 

16   dignity.

17                Again, thank you, Brother Carlucci 

18   and Rodneyse and Clyde for celebrating Haitian 

19   Unity Day.  Y que vive Ayiti.  And we're going to 

20   fight and we're going to be in solidarity with 

21   the 60,000 TPS Haitians that the Trump 

22   administration is trying to take that away from 

23   Haiti.  And we are sitting here in solidarity not 

24   only with Haitians but with Salvadorians, 

25   Hondurans, and any other country that our 


                                                               2460

 1   president feels that they don't have a right to 

 2   be in this country.  

 3                And we appreciate the contributions 

 4   that the Haitian community has made in the fields 

 5   of medicine, agriculture and the arts, to the 

 6   United States and to the entire planet.  Que vive 

 7   Ayiti.

 8                (Applause from gallery.)

 9                ACTING PRESIDENT GRIFFO:   As 

10   indicated, the resolution has been previously 

11   adopted.  

12                We extend a very warm welcome to our 

13   special Haitian guests on the floor today, as 

14   well as all of our guests in the gallery who are 

15   celebrating Haitian Unity Day.  We extend to you 

16   all the privileges and the benefits of being in 

17   this great chamber today.  

18                God bless you all, and let's 

19   acknowledge everyone who's here today.

20                (Standing ovation.)

21                ACTING PRESIDENT GRIFFO:   The 

22   resolution is open for cosponsorship.  Should you 

23   choose to be a cosponsor, please notify the desk.  

24                Senator DeFrancisco.  

25                SENATOR DeFRANCISCO:   I was just 


                                                               2461

 1   going to say the same thing.

 2                Could we now take up the 

 3   noncontroversial reading of the calendar.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 81, 

 7   by Senator Golden, Senate Print 2744, an act to 

 8   amend the Penal Law.

 9                ACTING PRESIDENT GRIFFO:   Can I 

10   have -- I know that we have some special guests 

11   in the chamber, but we still have to conduct some 

12   business.  So I would ask to try to be as quiet 

13   as possible.

14                Read the last section.

15                THE SECRETARY:   Section 14.  This 

16   act shall take effect on the first of November.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Announce 

21   the results.

22                THE SECRETARY:   In relation to 

23   Calendar 81, those recorded in the negative are 

24   Senators Alcantara, Bailey, Benjamin, Comrie, 

25   Dilan, Gianaris, Hoylman, Kavanagh, Krueger, 


                                                               2462

 1   Montgomery, Parker, Persaud, Rivera, Sanders and 

 2   Serrano.

 3                Ayes, 46.  Nays, 15.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   145, by Senator Dilan, Senate Print 4193A, an act 

 8   to amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 90th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   164, by Senator Little, Senate Print 136 --

21                SENATOR KLEIN:   Lay it aside.

22                ACTING PRESIDENT GRIFFO:   Lay it 

23   aside.

24                THE SECRETARY:   Calendar Number 

25   166, by Senator Serrano, Senate Print 3053, an 


                                                               2463

 1   act to amend the Parks, Recreation and Historic 

 2   Preservation 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, 61.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   176, by Senator Ortt, Senate Print 6583A, an act 

15   to amend the Social Services Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2464

 1                THE SECRETARY:   Calendar Number 

 2   221, by Senator Lanza, Senate Print 5282, an act 

 3   to amend the General Business Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Announce 

12   the results.

13                THE SECRETARY:   In relation to 

14   Calendar 221, those recorded in the negative are 

15   Senators Krueger, Montgomery, Parker, Persaud, 

16   Rivera and Sanders.  

17                Ayes, 55.  Nays, 6.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   230, by Senator Seward, Senate Print 7393, an act 

22   to amend the Insurance Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2465

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   276, by Senator Marchione, Senate Print 6906, an 

10   act to allow.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   334, by Senator Marcellino, Senate Print 6862A, 

23   an act to amend the Public Service Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2466

 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, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   507, substituted earlier by Member of the 

11   Assembly Ortiz, Assembly Print 4538A, an act to 

12   amend the Environmental Conservation Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 60th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

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

21   Senator Serrano recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   559, by Senator LaValle, Senate Print 3002, an 


                                                               2467

 1   act to amend the County Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   568, by Senator Ritchie, Senate Print 7274, an 

14   act to amend Chapter 85 of the Laws of 2017.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

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

23   Senator Krueger recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2468

 1                THE SECRETARY:   Calendar Number 

 2   572, by Senator Funke, Senate Print 1021, an act 

 3   to amend the Education Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 572, those recorded in the negative are 

13   Senators Hoylman, Kavanagh, Krueger and Parker.

14                Ayes, 57.  Nays, 4.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   642, by Senator Griffo, Senate Print 7139, an act 

19   to amend the Real Property Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2469

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   666, by Senator Comrie, Senate Print 3588A, an 

 7   act to amend the Agriculture and Markets Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   682, substituted earlier by Member of the 

20   Assembly Magee, Assembly Print 8457, an act to 

21   amend Chapter 254 of the Laws of 2013.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2470

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   783, by Senator Murphy, Senate Print -- 

 9                SENATOR KLEIN:   Lay it aside.

10                ACTING PRESIDENT GRIFFO:   Lay it 

11   aside.

12                THE SECRETARY:   Calendar Number 

13   871, by Senator LaValle --

14                SENATOR KLEIN:   Lay it aside.

15                ACTING PRESIDENT GRIFFO:   Lay it 

16   aside.

17                THE SECRETARY:   Calendar Number 

18   911, by Senator Akshar, Senate Print -- 

19                SENATOR KLEIN:   Lay it aside.

20                ACTING PRESIDENT GRIFFO:   Lay it 

21   aside.

22                THE SECRETARY:   Calendar Number 

23   920, by Senator Addabbo, Senate Print 3059A, an 

24   act to amend the Tax Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               2471

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect January 1, 2019.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

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

 8   Senator Krueger recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   931, by Senator Little, Senate Print 7384, an act 

13   to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                Senator DeFrancisco, that completes 

25   the noncontroversial reading of today's 


                                                               2472

 1   active-list calendar of May 7th.

 2                SENATOR DeFRANCISCO:   There will be 

 3   an immediate meeting of the Rules Committee in 

 4   Room 332.

 5                ACTING PRESIDENT GRIFFO:   There 

 6   will be an immediate meeting of the Rules 

 7   Committee in Room 332.

 8                The Senate will stand at ease.

 9                (Whereupon, the Senate stood at ease 

10   at 3:50 p.m.)

11                (Whereupon, the Senate reconvened at 

12   4:06 p.m.)

13                ACTING PRESIDENT GRIFFO:   The 

14   Senate will return to order.

15                Senator DeFrancisco.  

16                SENATOR DeFRANCISCO:   Yes, 

17   Mr. President, can we go back to motions and 

18   resolutions.

19                ACTING PRESIDENT GRIFFO:   We will 

20   return to motions and resolutions.

21                SENATOR DeFRANCISCO:   Is there a 

22   report of the Rules Committee at the desk?  

23                ACTING PRESIDENT GRIFFO:   There is 

24   a Rules Committee report, and the Secretary will 

25   read.


                                                               2473

 1                THE SECRETARY:   Senator Flanagan, 

 2   from the Committee on Rules, reports the 

 3   following bills:  

 4                Senate Print 414A, by Senator 

 5   Felder, an act to amend the Tax Law -- 

 6                ACTING PRESIDENT GRIFFO:   Excuse 

 7   me, can I have some order in the chamber, please?  

 8   Thank you.

 9                The Secretary will continue.

10                THE SECRETARY:   -- Senate 715A, by 

11   Senator Ortt, an act to amend the Tax Law; 

12                Senate 1199A, by Senator Persaud, an 

13   act to amend the Penal Law;

14                Senate 1832, by Senator Kennedy, an 

15   act to amend the Highway Law; 

16                Senate 3067A, by Senator Addabbo, an 

17   act in relation to; 

18                Senate 3195, by Senator LaValle, an 

19   act to amend the Real Property Tax Law; 

20                Senate 3522, by Senator Flanagan, an 

21   act to amend the Highway Law; 

22                Senate 4174, by Senator Stavisky, an 

23   act to amend the General Municipal Law; 

24                Senate 4812, by Senator LaValle, an 

25   act to amend the Environmental Conservation Law; 


                                                               2474

 1                Senate 6535A, by Senator Ortt, an 

 2   act to amend the Environmental Conservation Law; 

 3                Senate 6638, by Senator Helming, an 

 4   act to amend the Workers' Compensation Law; 

 5                Senate 6655, by Senator Hannon, an 

 6   act to amend the Public Health Law; 

 7                Senate 6760, by the Senate Committee 

 8   on Rules, an act to amend the Multiple Dwelling 

 9   Law; 

10                Senate 7065, by Senator Kavanagh, an 

11   act to amend the Penal Law; 

12                Senate 7752, by Senator Murphy, an 

13   act to amend the Legislative Law; 

14                Senate 7783A, by Senator Golden, an 

15   act to amend the Education Law;

16                Senate 8014, by Senator Little, an 

17   act to amend the Emergency Housing Rent Control 

18   Law; 

19                Senate 8162, by Senator Breslin, an 

20   act to amend Chapter 141 of the Laws of 2014; 

21                Senate 8181, by Senator Helming, an 

22   act to amend the Military Law; 

23                Senate 8182, by Senator Helming, an 

24   act to amend the Environmental Conservation Law; 

25                Senate 8343, by Senator Seward, an 


                                                               2475

 1   act authorizing; 

 2                Senate 8398, by Senator Phillips, an 

 3   act to amend the Tax Law; 

 4                Senate 8399, by Senator Griffo, an 

 5   act to amend the Tax Law; 

 6                Senate 8400, by Senator Jacobs, 

 7   Concurrent Resolution of the Senate and Assembly; 

 8                Senate 8401, by Senator Serino, an 

 9   act to amend the Legislative Law; 

10                Senate 8402, by Senator Serino, 

11   Concurrent Resolution of the Senate and Assembly; 

12                Senate 8406, by Senator LaValle, an 

13   act to amend the Real Property Tax Law; 

14                Senate 8407, by Senator Griffo, an 

15   act to amend the Public Service Law; 

16                Senate 8408, by Senator Hannon, an 

17   act directing;

18                Senate 8411, by Senator Young, an 

19   act to amend Chapter 58 of the Laws of 2005; 

20                And Senate 8412, by Senator Young, 

21   an act to amend the Chapter 58 of the Laws of 

22   2005.

23                All bills reported direct to third 

24   reading.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2476

 1   DeFrancisco.

 2                SENATOR DeFRANCISCO:   I move to 

 3   accept the report of the Rules Committee.

 4                ACTING PRESIDENT GRIFFO:   All in 

 5   favor of accepting the Committee on Rules report 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT GRIFFO:   Opposed?  

 9                (No response.)

10                ACTING PRESIDENT GRIFFO:   The 

11   Rules Committee report is accepted and before the 

12   house.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, we have 

15   Calendar Number 39A, a supplemental calendar.  

16   And we're going to take some of those bills off 

17   to vote on now that were in the Rules Committee, 

18   but not all.  So we'll do it one at a time, 

19   please.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will begin a reading of Supplemental 

22   Calendar 39A, Senate Supplemental Calendar 39A.  

23                Which bill would you like us to take 

24   up?  

25                SENATOR DeFRANCISCO:   Would you 


                                                               2477

 1   please take up Calendar 1018.

 2                ACTING PRESIDENT GRIFFO:   Calendar 

 3   Number 1018, the Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1018, by Senator Felder, Senate Print 414A, an 

 6   act to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  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, 60.  Nays, 1.  

15   Senator Krueger recorded in the negative.  

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                SENATOR DeFRANCISCO:   Now would you 

19   please take up Calendar 1023.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1023, by Senator LaValle, Senate Print 3195, an 

24   act to amend the Real Property Tax Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               2478

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of January.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                SENATOR DeFRANCISCO:   Now please 

11   take up 1026.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   In relation to 

15   Calendar Number 1026, Senator LaValle moves to 

16   discharge, from the Committee on Environmental 

17   Conservation, Assembly Bill Number 6314 and 

18   substitute it for the identical Senate Bill 4812, 

19   Third Reading Calendar 1026.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitution is so ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1026, by Member of the Assembly Thiele, 

25   Assembly Print 6314, an act to amend the 


                                                               2479

 1   Environmental Conservation Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                SENATOR DeFRANCISCO:   Now please 

13   take up 1028.

14                ACTING PRESIDENT GRIFFO:   Calendar 

15   Number 1028.  The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1028, by Senator Ortt, Senate Print 6535A, an act 

18   to amend the Environmental Conservation Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2480

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                SENATOR DeFRANCISCO:   Next please 

 5   take up 1030.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1030, by Senator Hannon, Senate Print 6655, an 

10   act to amend the Public Health Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.  

21                SENATOR DeFRANCISCO:   Next, 1033.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read Calendar 1033.

24                THE SECRETARY:   Calendar Number 

25   1033, by Senator Murphy, Senate Print 7752, an 


                                                               2481

 1   act to amend the Legislative Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 10.  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, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                SENATOR DeFRANCISCO:   Please take 

13   up 1034.

14                ACTING PRESIDENT GRIFFO:   Calendar 

15   1034, the Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1034, by Senator Golden, Senate Print 7783A, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2482

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Krueger to explain her vote.

 3                SENATOR KRUEGER:   Thank you, 

 4   Mr. President.

 5                This is a bill that apparently we 

 6   are allowed to implement under a new federal law, 

 7   but many people have highlighted, in addition to 

 8   the estimated cost of $200 million a year, that 

 9   it appears to be almost a back door into vouchers 

10   for private education, which many of us feel 

11   strongly opposed to.  

12                So I think that some of us are 

13   voting no because we see it as a voucher program.  

14   Thank you, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger to be recorded in the negative.

17                Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar 1034, those recorded in the negative are 

20   Senators Alcantara, Avella, Bailey, Benjamin, 

21   Brooks, Carlucci, Comrie, Gianaris, Krueger, 

22   Mayer, Montgomery, Parker, Peralta, Rivera and 

23   Stavisky.  Also Senator Sanders.

24                Ayes, 45.  Nays, 16.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2483

 1   is passed.

 2                SENATOR DeFRANCISCO:   Can we take 

 3   up Calendar 1037 and the balance of the calendar, 

 4   please.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   1037, by Senator Helming, Senate Print 8181, an 

 9   act to amend the Military Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 8.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1038, by Senator Helming, Senate Print 8182, an 

22   act to amend the Environmental Conservation Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               2484

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1041, by Senator Phillips --

10                SENATOR DeFRANCISCO:   Lay it aside 

11   for the day, please. 

12                ACTING PRESIDENT GRIFFO:   Lay it 

13   aside for the day.

14                SENATOR DeFRANCISCO:   Excuse me, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, could 

19   we -- can we just lay aside the Senator Seward 

20   bill for the day, 1040.

21                ACTING PRESIDENT GRIFFO:   Calendar 

22   Number 1040, by Senator Seward, will be laid 

23   aside for the day.

24                SENATOR DeFRANCISCO:   That is 

25   correct.  


                                                               2485

 1                Now if you'd continue going forward.

 2                ACTING PRESIDENT GRIFFO:   Okay.  

 3   1041 has been laid aside for the day.

 4                Senator DeFrancisco, we will take 

 5   up -- do you want to remove that 

 6   lay-aside-for-the-day on 1041? 

 7                SENATOR DeFRANCISCO:   No.  There's 

 8   been a list, and it says we don't take it up.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   DeFrancisco, Calendar 1040, by Senator Seward, 

11   has been laid aside for the day.  

12                There's a question on 1041, by 

13   Senator Phillips, which originally someone had 

14   indicated should be laid aside for the day.

15                SENATOR DeFRANCISCO:   Okay.  Well, 

16   that should not be.  Just the Seward bill, as I 

17   was saying before.  

18                So if we could take up 1041 and 

19   complete the calendar, please.

20                ACTING PRESIDENT GRIFFO:   So 

21   Senator Seward's Calendar Number 1040 has been 

22   laid aside for the day, for all the members.

23                The lay-aside on 1041, by 

24   Senator Phillips, has been lifted, and the 

25   Secretary will read.


                                                               2486

 1                THE SECRETARY:   Calendar Number 

 2   1041, by Senator Phillips, Senate Print 8398, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the first of January.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Krueger to explain her vote.

13                SENATOR KRUEGER:   Thank you, 

14   Mr. President.

15                I am voting no for this bill because 

16   it would cost the state $331 million.  

17                There is a group of bills on Rules, 

18   some of which may or may not all be taken up 

19   today -- there seems to be a little confusion -- 

20   but if you add them up, they would cost the State 

21   of New York $1.638 billion.  Our doing bills with 

22   this much revenue loss outside of the budget, and 

23   even outside of the Finance Committee discussion, 

24   seems unacceptable.  

25                And then there's some other bills 


                                                               2487

 1   that we may or may not take up that would limit 

 2   our ability to increase new revenue without a 

 3   two-thirds majority of the Legislature.  So I'm 

 4   very confused about how we're going to pass all 

 5   these bills putting new costs on ourselves, but 

 6   prevent us from ever increasing revenue again.  

 7   It's a sort of up and down topsy-turvy day.  

 8                So I'm voting no, Mr. President.  

 9   Thank you.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Krueger to be recorded in the negative.

12                Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar 1041, those recorded in the negative are 

15   Senators Krueger, Parker, Rivera and Sanders.  

16   Also Senator Comrie.  Also Senator Hoylman.  

17                Ayes, 55.  Nays, 6.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1042, by Senator Griffo, Senate Print 8399, an 

22   act to amend the Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2488

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

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

 6   Senator Krueger recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1043, by Senator Jacobs, Senate Print 8400, 

11   Concurrent Resolution of the Senate and Assembly.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll on the resolution.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 1043, those recorded in the negative are 

19   Senators Avella, Comrie, Gianaris, Hoylman, 

20   Krueger, Parker, Rivera and Sanders.

21                Ayes, 53.  Nays, 8.

22                ACTING PRESIDENT GRIFFO:   The 

23   resolution is adopted.

24                THE SECRETARY:   Calendar Number 

25   1044, by Senator Serino, Senate Print 8401, an 


                                                               2489

 1   act to amend the Legislative Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger to explain her vote.

11                SENATOR KRUEGER:   Thank you, 

12   Mr. President.

13                To continue, I mentioned earlier 

14   that I thought we would perhaps pass one or two 

15   bills that would shift us to be requiring a 

16   supermajority, two-thirds of a legislative body, 

17   to pass any new increases in revenue, taxes, 

18   fees -- pretty much a guarantee for preventing 

19   anything from getting done in a legislative body.

20                So I'll be voting no on this, and 

21   perhaps the next bill if we take that one up as 

22   well.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Krueger to be recorded in the negative.


                                                               2490

 1                Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 1044, those recorded in the negative are 

 4   Senators Addabbo, Avella, Bailey, Benjamin, 

 5   Comrie, Dilan, Gianaris, Kaminsky, Krueger, 

 6   Mayer, Montgomery, Parker, Peralta, Rivera, 

 7   Sanders, and Serrano.  Also Senator Alcantara.

 8                ACTING PRESIDENT GRIFFO:   Could I 

 9   have a show of hands of the negatives.

10                THE SECRETARY:   In relation to 

11   Calendar 1044, those recorded in the negative are 

12   Senators Addabbo, Alcantara, Avella, Bailey, 

13   Benjamin, Comrie, Dilan, Gianaris, Hoylman, 

14   Kavanagh, Krueger, Mayer, Montgomery, Parker, 

15   Peralta, Persaud, Rivera, Sanders, Serrano, 

16   Stavisky and Stewart-Cousins.

17                Ayes, 40.  Nays, 21.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1045, by Senator Serino, Senate Print 8402, 

22   Concurrent Resolution of the Senate and Assembly.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll on the resolution.

25                (The Secretary called the roll.)


                                                               2491

 1                ACTING PRESIDENT GRIFFO:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1045, those recorded in the negative are 

 5   Senators Addabbo, Alcantara, Avella, Bailey, 

 6   Benjamin, Comrie, Dilan, Gianaris, Hoylman, 

 7   Kavanagh, Krueger, Montgomery, Parker, Peralta, 

 8   Persaud, Rivera, Sanders, Savino, Serrano and 

 9   Stavisky.

10                Ayes, 41.  Nays, 20.

11                ACTING PRESIDENT GRIFFO:   The 

12   resolution is adopted.

13                THE SECRETARY:   Calendar Number 

14   1046, by Senator LaValle, Senate Print 8406, an 

15   act to amend the Real Property Tax Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of January, 

20   2021. 

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Hoylman to explain his vote.


                                                               2492

 1                SENATOR HOYLMAN:   Thank you, 

 2   Mr. President.  

 3                I'll be supporting this.  

 4                I do want to point out that in the 

 5   first section of the bill it refers to 

 6   eligibility among residents who are married, only 

 7   one person has to be over 70, property owned and 

 8   occupied by husband and wife.  

 9                Here it is 2018, it's been seven 

10   years with marriage equality, and yet we have 

11   this drafting error.  Maybe it's because of the 

12   rush of bills today to the floor for some 

13   unexplained reason.  

14                But I'll be supporting a chapter 

15   amendment to ensure that legislation coming 

16   forward refers to spouses, not husbands and 

17   wives.  

18                Thank you.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Hoylman in the affirmative.

21                Senator Krueger to explain her vote.

22                SENATOR KRUEGER:   Thank you.

23                So I'm voting against the bill -- 

24   but that's a good reason, Senator Hoylman.  But I 

25   also, again, do not necessarily oppose the 


                                                               2493

 1   proposal, but its $556 million cost to the State 

 2   of New York when implemented.  And again, this is 

 3   being rushed through on the floor -- not going 

 4   through the Finance Committee, not being done 

 5   within the context of a budget.  

 6                And again, since many people here 

 7   just voted for bills that will require 

 8   supermajorities to increase revenue for the 

 9   state, I just want to highlight you put all these 

10   together and if you're voting for this kind of 

11   bill and you want to implement it, you'd better 

12   be able to figure out what we're cutting out of 

13   our existing spending.  Because again, the bills 

14   coming through Rules today would require the 

15   state to come up with an additional 

16   $1.638 billion, perhaps with no ability to ever 

17   increase our revenue.

18                So I'm just worried about what we'd 

19   be cutting in order to do bills like this, and so 

20   I vote no, Mr. President.  

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Krueger to be recorded in the negative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2494

 1   Calendar 1046, those recorded in the negative are 

 2   Senators Kavanagh, Krueger, Parker, Rivera and 

 3   Sanders.

 4                Ayes, 56.  Nays, 5.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1047, by Senator Griffo, Senate Print 8407, an 

 9   act to amend the Public Service Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   In relation to 

18   Calendar 1047, those recorded in the negative are 

19   Senators Comrie, Hoylman, Kavanagh and Rivera.

20                Ayes, 57.  Nays, 4.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1048, by Senator Hannon, Senate Print 8408, an 

25   act directing.


                                                               2495

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1049, by Senator Young, Senate Print 8411, an act 

13   to amend Chapter 58 of the Laws of 2005.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  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:   Senator 

22   Krueger to explain her vote.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.

25                Wow.  So just in one short period of 


                                                               2496

 1   time, after all these other bills rushing 

 2   through, we're going to redesign the funding 

 3   stream for Medicaid.

 4                Someone's phone is ringing.

 5                I support state takeover of 

 6   Medicaid, but I can't support this bill.  One, it 

 7   doesn't include New York City, which I find 

 8   disturbing.  Two, it doesn't explain how we're 

 9   paying for this.  

10                And as I have reiterated multiple 

11   times, we're tying our own hands to ever come up 

12   with new revenue, even though we are taking on 

13   greater and greater responsibilities from the 

14   counties and localities in this package of bills.  

15                I don't see how, as grown-up 

16   legislators, we could justify all these contrary 

17   proposals, so I'm no.

18                And to avoid having to stand up on 

19   the next bill, while that one does include 

20   New York City in a certain way on the same topic, 

21   Medicaid takeover, it limits how much it would 

22   take over and then it adds in a cap on the local 

23   property taxes as well for the City of New York, 

24   which I am on record as being against.  

25                So it's no on this and an 


                                                               2497

 1   explanation on the next no as well.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger to be recorded in the negative.

 5                Senator Akshar to explain his vote.

 6                SENATOR AKSHAR:   I thank Senator 

 7   Young for putting forth this piece of 

 8   legislation.  

 9                As I travel throughout this state, 

10   whether I'm in my home district or in Western 

11   New York or in the North Country, property taxes 

12   are something that everybody is talking about.  

13                And to Senator Krueger's point -- we 

14   kind of spoke about this last week -- this 

15   particular bill comes with a very high price tag, 

16   around $2.3 billion.  I'm just going to make a 

17   suggestion to everybody in this house.  Maybe we 

18   should consider taking some of the failed 

19   economic development dollars that we put in 

20   programs around this state and invest in 

21   something like this.  

22                Medicaid, as I said last week, is 

23   incredibly important to everybody in this room 

24   for those that need it.  I would suggest that we 

25   use some of the $8 billion a year that we're 


                                                               2498

 1   investing -- with no clawback, no transparency -- 

 2   let's take some of that money and invest in 

 3   something like this, pass on the savings to the 

 4   counties so they can reduce people's property 

 5   taxes throughout the state.  

 6                And we should be doing it in the 

 7   five boroughs as well.  Because that's what, 

 8   after all, the people we represent want.  They 

 9   want lower property taxes.  And by way of this 

10   legislation and the next bill that we're going to 

11   take up, we could do just that.  

12                I vote aye.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Akshar in the affirmative.

15                Senator Young to explain her vote.

16                SENATOR YOUNG:   Thank you, 

17   Mr. President.  

18                I stand to let everyone know how 

19   critical this piece of legislation actually is.  

20   Every single day we hear impassioned pleas from 

21   people across the state who are suffocating, 

22   they're drowning in property taxes.  We have an 

23   obligation to do something about it.  

24                We've made progress -- we've passed 

25   a property tax cap, we have the STAR program -- 


                                                               2499

 1   but there's more that needs to be done.  This 

 2   bill actually mandates that any savings to the 

 3   counties would have to be passed along to the 

 4   property taxpayers.  And we would phase out the 

 5   property taxes from the very, very expensive 

 6   Medicaid program, but we would ensure that people 

 7   get relief.  

 8                This would stimulate our local 

 9   economies, make it more affordable to live and 

10   work and do business in New York State.  This is 

11   really a crucial action.  It's a wonderful thing 

12   that so many members are in support of it, 

13   because they understand what people go through 

14   every single day.  People oftentimes have to make 

15   decisions, very tough decisions, about whether I 

16   pay my medical bills, whether I'm able to afford 

17   my mortgage or do I have enough money to pay my 

18   property taxes.  

19                We need to do something.  This is a 

20   very strong action to take, and I commend 

21   everyone who supports it.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Young in the affirmative.

25                Announce the results.


                                                               2500

 1                THE SECRETARY:   In relation to 

 2   Calendar 1049, those recorded in the negative are 

 3   Senators Benjamin, Comrie, Dilan, Gianaris, 

 4   Hoylman, Kavanagh, Krueger, Montgomery, Parker, 

 5   Persaud, Sanders.  Also Senator Alcantara.  Also 

 6   Senator Stavisky.  Also Senator Rivera.

 7                Ayes, 47.  Nays, 14.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1050, by Senator Young, Senate Print 8412, an act 

12   to amend Chapter 58 of the Laws of 2005.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Young to explain her vote.

22                SENATOR YOUNG:   Thank you, 

23   Mr. President.

24                This is a different version of the 

25   bill that we just passed, but this actually 


                                                               2501

 1   includes New York City and New York City 

 2   taxpayers.  It would phase out the Medicaid 

 3   burden locally to the tune of $2.3 billion, 

 4   totaling $4.6 billion statewide.  

 5                And in New York City oftentimes I 

 6   hear, during budget hearings especially, when we 

 7   have our budget hearings after the Governor 

 8   releases his budget proposal, I hear from people 

 9   in the city that they too are drowning in taxes 

10   and that there's something -- they are 

11   desperately asking us to do something about it.

12                This bill actually would have 

13   $2.3 billion of Medicaid takeover from outside of 

14   New York City and in New York City.  And in the 

15   New York City piece, we would impose a property 

16   tax cap, which people have been begging for for 

17   years, Senator Lanza has carried legislation on 

18   that issue.  And it would stop these heavy tax 

19   hikes that have been ongoing.

20                The mayor likes to say that he 

21   hasn't raised taxes.  But what he's done is he's 

22   raised assessments.  And it's a shell game.  It's 

23   a shell game because when the levy changes, 

24   people's tax rate goes up.  

25                And so we need to do everything that 


                                                               2502

 1   we can to make sure that New York State is 

 2   affordable so we can grow our economy.  This bill 

 3   would do that.  And it mandates that any savings 

 4   would be passed along to the taxpayers through a 

 5   personal income tax, and that would help people 

 6   enormously.

 7                We have an obligation as a 

 8   legislative body to do everything that we can to 

 9   not only help the taxpayers, but grow the economy 

10   and make sure that we have opportunities for our 

11   young people so that they can succeed after they 

12   graduate.  This is something that is crucial not 

13   only now, but I believe to the future of New York 

14   State.  And I would urge all of my colleagues to 

15   vote aye.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Young in the affirmative.

18                Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar 1050, those recorded in the negative are 

21   Senators Alcantara, Benjamin, Dilan, Gianaris, 

22   Kavanagh, Krueger, Montgomery, Parker, Persaud, 

23   and Rivera.  Also Senator Comrie.  Also 

24   Senator Bailey.  Also Senator Stavisky.  Also 

25   Senator Sanders.


                                                               2503

 1                Ayes, 48.  Nays, 14.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                Senator DeFrancisco, that completes 

 5   the noncontroversial reading of today's Senate 

 6   Supplemental Calendar 39A.

 7                SENATOR DeFRANCISCO:   Can we now go 

 8   to the controversial reading of the initial 

 9   active list, starting with Calendar Number 164.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will ring the bell.  

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   164, by Senator Little, Senate Print 136, an act 

15   to amend the Parks, Recreation and Historic 

16   Preservation Law.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger.

19                SENATOR KRUEGER:   If the sponsor 

20   would please yield for some questions.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Little, do you yield?  

23                SENATOR LITTLE:   Yes, I'll yield.

24                ACTING PRESIDENT GRIFFO:   The 

25   Senator yields.


                                                               2504

 1                SENATOR KRUEGER:   Thank you very 

 2   much.

 3                So we've actually -- through you, 

 4   Mr. President -- debated this bill a few times 

 5   before.  Or at least once before; I'm not sure if 

 6   it's a few times.

 7                So as I understand this, currently 

 8   in New York State law -- excuse me, let me 

 9   rephrase it as a question.  Under existing law, 

10   how old do you have to be to participate in some 

11   kind of racing event or competition with 

12   snowmobiles?  

13                SENATOR LITTLE:   Thank you, 

14   Mr. President.

15                This is about families who go to a 

16   snowmobile racing event in the wintertime.  Many 

17   of our Snow Belt states have these laws and have 

18   these races -- for instance, Colorado, Michigan, 

19   Minnesota.  And like people and families in many 

20   sports, the whole family goes.

21                This would allow -- currently, you 

22   can race under 18, 14 and down.  And I will read 

23   that they -- even a person 10 years of age or 

24   older, but less than 14 years of age, who holds a 

25   valid snowmobile safety certificate issued by the 


                                                               2505

 1   commissioner may operate a snowmobile in any 

 2   lands upon which snowmobiling is allowed, if 

 3   accompanied by a person over 18 years of age.  

 4   For the purpose of this section, accompanied 

 5   shall mean within 500 feet of the person over 

 6   18 years of age.  

 7                If we are at a snowcross event and 

 8   they would like to have a race and allow 

 9   10-year-olds to race, someone between the ages of 

10   10 and 14, that do not have that eight-hour 

11   snowmobile certificate but are capable of driving 

12   one of these smaller snowmobiles that they ride 

13   at home, which they can ride on their own 

14   property under the supervision of their parents.  

15                The Office of Parks, Recreation and 

16   Historic Preservation has to give the 

17   organization a permit.  The organization has to 

18   abide by the International Snowmobile Racing, 

19   Inc., rules.  They also, in this 8-to-12-year-old 

20   under the age of 14, they would be restricted in 

21   the form of a throttle-back that will only allow 

22   50 percent of the throttle to be used.  They have 

23   a rev limiter restriction built in to limit the 

24   RPMs to 6,000 RPMs maximum.  These are smaller 

25   snowmobiles.  


                                                               2506

 1                The parents or guardians are there.  

 2   They have to sign off the permission on it.  

 3   These are not kids who have never been on a 

 4   snowmobile, they have grown up with snowmobiles, 

 5   you know, on their own property where they can 

 6   ride them.  They have to have all of the 

 7   equipment that is required.  They have to have 

 8   the helmets, the chest protectors, gloves.  

 9                And it's really -- it's for families 

10   where snowmobiling is a family sport.  And all 

11   the children are in it, and the families race and 

12   they go to these events, sometimes they're two- 

13   and three-day events.  So it's kind of a sporting 

14   event for the family.

15                This would allow those children 

16   under the age of 14, 10 years old and up, to be 

17   able to participate in one of the races.  These 

18   are not, you know, 10-mile races by any means.  

19   They're in view of everyone.  And the 

20   Snowmobiling Association is in favor of this, 

21   would like to see it allowed in New York State, 

22   as it is allowed in other states.

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               2507

 1                SENATOR LITTLE:   Yes, I would.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                SENATOR KRUEGER:   So under your new 

 5   law, where does it require that it be smaller 

 6   snowmobiles, special small snowmobiles for 

 7   children?  

 8                SENATOR LITTLE:   Well, they have to 

 9   be at a -- first of all, a child 10 to 12 years 

10   old could not, on some of the big snowmobiles, 

11   actually reach any of the equipment to drive 

12   them.  

13                What we're talking about is it can 

14   only be at 50 percent of a throttle and it has to 

15   be restricted, it has to have a small RPM of 

16   6,000.  I'm not sure how that relates to the 

17   total, but it certainly is not as fast as the 

18   others.

19                And these are not, you know, 

20   gigantic things, but they do race them.  And they 

21   go around a track.  They sometimes have obstacles 

22   that they steer around, very much like many of 

23   the other vehicle racing things that kids do, 

24   young kids.

25                SENATOR KRUEGER:   Through you 


                                                               2508

 1   again, Mr. President.  Perhaps the sponsor didn't 

 2   quite understand.

 3                Where in the bill does it explicitly 

 4   state that children of these ages would have to 

 5   ride smaller, specially designed, slower and 

 6   lighter-weight vehicles than other vehicles 

 7   defined as snowmobiles?  

 8                SENATOR LITTLE:   Well, they have to 

 9   abide by the International Snowmobile Racing, 

10   Inc., provisions, which do limit the power of 

11   snowmobiles for youth riders and, as I said, have 

12   a throttle-back of 50 percent on it so that it 

13   can't go any faster than that.  And they also 

14   have exhaust valves on the motor that will 

15   severely limit engine horsepower.  And 

16   high-output engines are also banned from the 

17   youth competition class.  

18                So they are the ones who make those 

19   rules.  It's not listed in the bill.  The bill 

20   just says you have to abide by the rules of the 

21   International Snowmobile Association.

22                SENATOR KRUEGER:   Through you, 

23   Mr. President, if the sponsor would continue to 

24   yield.

25                SENATOR LITTLE:   Yes, I will. 


                                                               2509

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR KRUEGER:   Okay.  So 

 4   children below, what, age 10 could only ride 

 5   snowmobiles if they were in one of these 

 6   activities that was not licensed necessarily but 

 7   operated by this national group?  Is that what 

 8   you're saying?  

 9                SENATOR LITTLE:   They also, in 

10   order to have one of these races -- they can go 

11   and do these in other states.  But in order to 

12   have one of these races in New York State, you 

13   have to have a permit from the New York State 

14   Office of Parks and Recreation to have it.  You 

15   have to abide by International Snowmobile Racing, 

16   Inc., with these limitations on what they can 

17   ride.

18                And figuring that that's what you're 

19   doing, then they also have to have -- they also 

20   utilize -- they have to utilize the same rules 

21   and be sanctioned to have these races when it 

22   comes to track design, classes, safety rules, and 

23   youth restrictions, along with the International 

24   Snowmobile Racing Association-certified insurance 

25   companies.


                                                               2510

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.

 6                SENATOR LITTLE:   Yes, I will.

 7                SENATOR KRUEGER:   So according to 

 8   the Eastcoastsnocross.com, there have been 

 9   multiple events in New York State already, such 

10   as Lake George, Salamanca, Clymer, involving 

11   snowmobile operators as young as age seven.  Are 

12   you aware of these events, which do not seem to 

13   be operated on privately owned lands of parents 

14   or guardians and seem to violate what you say are 

15   the rules of snowcross organizations?  

16                So since they're already doing it 

17   for children as young as seven, why would I 

18   imagine believing they would follow the rules if 

19   we changed the law?  

20                SENATOR LITTLE:   Well, I cannot 

21   vouch for anyone to follow the rules all the 

22   time.  And if these are being held, are they 

23   being approved by the New York State Parks and 

24   Recreation, and are they following the rules of 

25   the Snowmobile Racing Association that are 


                                                               2511

 1   required?  And I'm not aware that they are.

 2                So there are things apparently -- 

 3   you know, if it's at one of these events and they 

 4   have a small race that children are allowed on -- 

 5   they even have very small snowmobiles for these 

 6   kids to ride on -- not very small, but much 

 7   smaller than the big snowmobiles.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President, on the bill.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Krueger on the bill.

12                SENATOR KRUEGER:   So I always get 

13   accused of not wanting anybody to have any fun in 

14   New York State, but I approach this and the ATV 

15   and the hunting and some of the other bills from 

16   the question of what's in the best interests of 

17   children and are we protecting them from things 

18   that they might think are really fun but also can 

19   be very, very dangerous for young children.

20                And the American Pediatric 

21   Association recommends that children should not 

22   be driving snowmobiles until age 16.  And they go 

23   into details about how there are -- the shaking 

24   and the movement and the speed can be dangerous 

25   to the development of undeveloped bones and 


                                                               2512

 1   muscles.  They go into details about injury data 

 2   for children on snowmobiles.  

 3                And of course as most of us know, 

 4   children don't always show the same judgment as 

 5   adults when it comes to don't ride too fast, 

 6   don't break the rules, stay on the course.  

 7                So I am concerned that despite the 

 8   sponsor's belief that these are well-organized 

 9   activities with a national association, they 

10   already apparently are operating in violation of 

11   the law in New York State, going even younger 

12   than the sponsor would support allowing.  

13                The fact is, there is no way for us 

14   to actually regulate what is happening at each of 

15   these events.  But I think that we send the right 

16   message to parents when we point out that certain 

17   activities are not in the best interests of 

18   children below certain ages.  When parents take 

19   their children to amusement parks in this state 

20   and they line up for certain rides, they hold 

21   them up against a measure and if they're not of a 

22   certain height, they say, Sorry, you can't go on.

23                To some degree my objection to this 

24   kind of legislation is the equivalent of holding 

25   a yardstick up and saying, Sorry, some of you are 


                                                               2513

 1   too small to be on by yourself or racing these 

 2   machines that can be quite heavy, go quite fast.  

 3                And also in a racing situation, the 

 4   adrenaline even of children gets going and 

 5   they're not so great at following the rules.  And 

 6   the research shows that the damage to children, 

 7   particularly in injuries, relates to crashes.  So 

 8   children -- just like we don't let people drive 

 9   cars until they're 17 because they're more likely 

10   to crash them, there's an argument to be made for 

11   a similar discussion when it comes to racing 

12   snowmobiles.

13                So I continue to oppose this bill on 

14   grounds of child safety, and I'm urging a no 

15   vote.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Krueger.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   If you 

21   haven't lived in the snow country very long, you 

22   don't realize that this snowmobiling is a huge 

23   activity for the people in those areas.  

24                And rather than having the nanny 

25   state determine what should be done at these 


                                                               2514

 1   events that are well-supervised, and with the 

 2   parents' consent, we'd rather have the actual 

 3   nanny, the mother and the father, make these 

 4   decisions, rather than the State of New York, 

 5   which seems to want to make every decision about 

 6   someone's life.  And so I believe that the 

 7   parent's point of view is very important, 

 8   especially in an activity that promotes family 

 9   life and inclusion of children in family 

10   activities.  

11                And as long as it's sanctioned by a 

12   group that's serious about keeping things safe, 

13   as long as the parents are involved and 

14   consenting, I think this is a good thing to do, 

15   and I vote aye.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Hoylman.

18                SENATOR HOYLMAN:   Would the sponsor 

19   yield for one or two questions?  

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Little, do you yield?  

22                SENATOR LITTLE:   Yes, I'd be glad 

23   to.

24                ACTING PRESIDENT GRIFFO:   The 

25   Senator yields.


                                                               2515

 1                SENATOR HOYLMAN:   Through you, 

 2   Mr. President, I'm just baffled because I don't 

 3   understand what the problem with requiring a 

 4   10-year-old to take a safety course is.  Is there 

 5   something onerous about the safety course, 

 6   something -- that it doesn't represent the 

 7   accuracy of snowmobiling?  Or do we have an issue 

 8   with safety courses when it pertains to racing 

 9   snowmobiles?

10                SENATOR LITTLE:   No.  

11                Perhaps I wasn't clear enough.  At 

12   these family events and these snowmobile races, 

13   it's kind of like when a family takes one or two 

14   of their children or an adult to a horse show.  

15   But the whole family is there, and they try to 

16   have activities for the younger children to at 

17   least entertain them and have them participate in 

18   some way through the day.

19                So at these snowmobile weekends and 

20   snowcross races, they have age groups 14 to 15, 

21   12 to 13, and those are required to have the 

22   snowmobile safety eight-hour course.

23                The 8-to-12-year-olds, what we're 

24   asking is they not be required to have it for 

25   this racing because their race is so limited and 


                                                               2516

 1   so restricted and basically for their 

 2   entertainment, to show that they can ride.  They 

 3   would not quite understand all the workings that 

 4   the older children and adults take in an 

 5   eight-hour snowmobile safety course.

 6                So the bill is actually just saying, 

 7   for the purposes of these races, that those 

 8   children under the age of 14 would be able to 

 9   participate in a race not having taken the safety 

10   class.  They would not have taken the eight-hour 

11   one.  They would have to show that they know how 

12   to drive it, their parents have to say they know 

13   how to drive one.  The Parks and Recreation has 

14   to agree that they can have one of these races.  

15   They abide by all the restrictions that the 

16   International Snowmobile Racing says.  

17                And all -- the only difference here 

18   is they would not be required to have taken the 

19   eight-hour snowmobile safety.  They're along with 

20   their family, they're allowed to participate in 

21   one or two of the small races that they have 

22   there.  That's all.  They are most likely riding 

23   a snowmobile at home, on the land and on the 

24   trails around their house, and that kind of 

25   thing.


                                                               2517

 1                SENATOR HOYLMAN:   On the bill, 

 2   Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hoylman on the bill.

 5                SENATOR HOYLMAN:   Thank you to the 

 6   sponsor and to my colleagues.  

 7                It would be different if we were 

 8   talking about a sport that wasn't dangerous.  But 

 9   I'm really perplexed.  I mean, we're talking 

10   about a sport where one of the most famous 

11   members of the sport, the husband of Sarah Palin, 

12   nearly died in a snowmobile accident recently.

13                And in 2016, in the 2016-2017 

14   season, in New York alone there were 183 reported 

15   snowmobile accidents, 183.  And to show you how 

16   dangerous those accidents were, 24 of those 

17   people actually died.

18                So this is perplexing to me that we 

19   are suggesting that someone as young as eight, 

20   10 years old can hop on one of these vehicles and 

21   race them, no less, without any type of 

22   instruction as mandated by the State of New York.

23                I think we are absolving our 

24   responsibility, not just as legislators but as 

25   parents.  As the parent of a 7-year-old, I'm 


                                                               2518

 1   voting no.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Little on the bill.

 5                SENATOR LITTLE:   Thank you, on the 

 6   bill.

 7                I just want to make sure that 

 8   everyone understands.  We are not talking about a 

 9   10-, 11-, 12-, 13-year-old child going out and 

10   riding a snowmobile for miles through the woods 

11   or anyplace else.

12                And you are correct, despite the 

13   snowmobile safety eight-hour course, many people 

14   are injured on snowmobiles every year, and it's a 

15   tragedy.  

16                But in my area, people ride 

17   snowmobiles, you know, frequently.  As long as we 

18   can get the snow, we're very happy to have it and 

19   have those.

20                This is a very contained race for 

21   the children to participate in.  Their parents 

22   certify that they know how to run a snowmobile.  

23   The snowmobiles are restricted, they can't go 

24   very fast, they don't go out of sight.  There are 

25   all kinds of rules and regulations.  According to 


                                                               2519

 1   the International Snowmobile Racing group, they 

 2   have to have all the equipment.  It's to allow 

 3   them to participate.

 4                But at that age, they feel they 

 5   probably would not understand all the 

 6   implications of an eight-hour course with the 

 7   throttles and the amps and whatever they have to 

 8   do.  I don't understand a lot of that myself.

 9                So they are -- no parent would let 

10   their child just get on a snowmobile and be in a 

11   race without knowing how to run one.  

12                So I vote aye.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Stavisky.

15                SENATOR STAVISKY:   Thank you.  

16                Would the sponsor yield for a 

17   question?  

18                SENATOR LITTLE:   Yes, certainly.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR STAVISKY:   Do the parents 

22   or do the owners of the snowmobiles carry 

23   insurance?

24                SENATOR LITTLE:   Of course they do.  

25   And they have to have insurance to have these 


                                                               2520

 1   races, according to the International 

 2   Snowmobiling Racing Association.

 3                SENATOR STAVISKY:   I'm not talking 

 4   about the owners or the operators of the 

 5   snowmobile tracks, I'm -- 

 6                SENATOR LITTLE:   Do they have 

 7   health insurance?  I don't know.  

 8                SENATOR STAVISKY:   I'm asking 

 9   whether -- when you have a drive a car, you have 

10   to have insurance.  Obviously let's hope we don't 

11   have legislation to have 8-year-olds drive cars.  

12                But would the families have to carry 

13   any kind of liability insurance?  

14                SENATOR LITTLE:   No more than if 

15   they were riding bicycles or whatever.  Even 

16   motorized bicycles, kids ride and they don't have 

17   to have special insurance for that.  I don't 

18   believe that.

19                SENATOR STAVISKY:   Thank you.  On 

20   the bill.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Stavisky on the bill.

23                SENATOR STAVISKY:   If it is too 

24   onerous or too difficult for an 8-year-old to 

25   take the class, then it seems to me that it's 


                                                               2521

 1   also too difficult to expect the 8-year-old to 

 2   drive responsibly.  

 3                And I plan to vote no, 

 4   Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Lanza?

 7                SENATOR LANZA:   On the bill, 

 8   Mr. President.  

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Lanza on the bill.

11                SENATOR LANZA:   I want to thank my 

12   colleague Senator Little for bringing this 

13   legislation to the floor.  

14                You know, one of the beauties of 

15   this state is not only the diversity of its 

16   people but the diversity of its geography.  

17   You've got the skyline of Manhattan, all the way 

18   through the Adirondacks, the mountains, and the 

19   Finger Lakes.  It really is a gorgeous state.  

20   And, you know, growing up in New York City, 

21   sadly, I didn't really get to appreciate how 

22   diverse this state is from one end to the other.

23                And, you know, it just seems to 

24   me -- I always hear how people from one part of 

25   the state shouldn't tell the people of New York 


                                                               2522

 1   City what to do.  And I feel like that's what's 

 2   happening here.  You know, you want to talk about 

 3   a sport that's dangerous, as if that's the 

 4   concern here -- and I'm sure it is.  There's 

 5   always risk in any sport.  

 6                My daughter, Abigail Elizabeth, a 

 7   starting player -- just bragging right now -- on 

 8   her high school varsity basketball team, you know 

 9   what I learned?  Basketball is one of the most 

10   dangerous sports there is for young people.  

11   Traveled around New York City from one high 

12   school gym to the other, invariably there was 

13   always at least two or three players sitting on 

14   the bench with a cast on an arm, a cast on the 

15   ankle, a cast on the leg.  

16                Soccer?  You want to talk about 

17   broken ankles and torn ligaments, concussions, 

18   safety of 10-year-old kids.  Every time a 

19   10-year-old kid gets on a bicycle in New York 

20   City, let me tell you, it's really dangerous.  We 

21   encourage kids to get on bicycles in New York 

22   City.

23                Every time a 10-year-old crosses a 

24   busy street in New York City, it's pretty darn 

25   dangerous.  We don't ask kids to take a course -- 


                                                               2523

 1   maybe we should have an eight-hour course on 

 2   crossing streets, riding bicycles.  But we leave 

 3   it to parents.

 4                Some might think that's wrong.  

 5   Because I know there's a lot of snickering -- oh, 

 6   these parents upstate, what do they know?  

 7   They're a bunch of hicks.  I'm sure people say 

 8   that about parents in New York City:  What do 

 9   they know?  They let their kids run amuck.  

10                But that is what's happening.  It's 

11   this intolerance for different approaches to 

12   life.  It's an intolerance to the notion that 

13   parents care about their kids.  And if parents 

14   out in the Adirondacks, where they actually have 

15   trails and open spaces -- there used to be trails 

16   and open spaces in New York City, but they've 

17   been covered over by concrete, and the trees have 

18   been taken down.  So it's tough to ride a 

19   snowmobile in New York City.  Be great if you 

20   could, but you can't.  It's really dangerous 

21   there because we've made it really dangerous in 

22   New York City to do things like the kinds of 

23   things that you can do upstate.

24                I know as a kid growing up on 

25   Staten Island, we used to go upstate all the time 


                                                               2524

 1   to do these sorts of things, to ride quads, to go 

 2   outside, to hike and to do a lot of the things 

 3   you can't do in New York City anymore.

 4                So we've got to recognize and 

 5   appreciate how lucky and fortunate we are to live 

 6   in this great state where you can ride 

 7   snowmobiles upstate and enjoy the hustle and 

 8   bustle of New York City.  This is a good bill.  

 9   This allows kids to get out there, enjoy the 

10   environment, engage in something that's healthy 

11   and positive as opposed to some of the negative 

12   things that kids can get involved in.  

13                So I want to thank Senator Little.  

14   I vote aye.

15                ACTING PRESIDENT GRIFFO:   Seeing 

16   and hearing no other Senator wishing to speak, 

17   debate is closed.  

18                The Secretary will ring the bell.

19                Read the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2525

 1   Bonacic to explain his vote.

 2                SENATOR BONACIC:   Thank you, 

 3   Mr. President.

 4                I identify myself with Senator 

 5   Lanza, Senator DeFrancisco.  

 6                But there's something else that I'd 

 7   like to share.  I don't know how many of you have 

 8   ever been on a snowmobile in the city.  Good, I 

 9   see one hand.  And I'm from New York City, but 

10   I've been up there and I've done it.  

11                But there's something more when you 

12   start a child early in an activity that you 

13   think, as a parent, is safe for the child.  You 

14   love your child, you never want your child to get 

15   hurt, but you think it's in the child's best 

16   interest to try this particular sport.  And every 

17   parent, whether they're a helicopter parent and 

18   are overly protective and don't want their child 

19   to try it -- that's the parent's choice.  And 

20   they may not want their child to do that.

21                But it's shown when you start a 

22   young child early on any sport that's 

23   competitive, you develop character, you develop 

24   self-esteem, you develop a feeling of 

25   competitiveness.  And you know what?  And you 


                                                               2526

 1   develop someone that's independent.  

 2                And you know in life, to get ahead, 

 3   you need those qualities.  You're making that 

 4   child or you're hoping that child would develop 

 5   these qualities so they can compete better in 

 6   life.

 7                So I want to congratulate Senator 

 8   Little.  And this is -- you know, upstate there 

 9   isn't as much activity to do as in New York City.  

10   So this is fun for the family.  I don't have to 

11   talk about the bonding of the child and the 

12   parent, which also helps with the child's 

13   development.

14                I vote aye.  It's a very good bill.  

15                Thank you, Senator Little.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Bonacic in the affirmative.

18                Senator Krueger to explain her vote.

19                SENATOR KRUEGER:   Thank you.

20                So I'm a little confused how this 

21   became a regional difference in views.

22                Again, I'm voting no on this bill 

23   because American physicians who specialize in 

24   pediatrics point out the dangers to children.  

25   And I don't think children have developmental 


                                                               2527

 1   differences whether they're north of Poughkeepsie 

 2   or south of Poughkeepsie.  But when you read the 

 3   data on nonfatal injuries, they often involve 

 4   ejection from the snowmobile, 26 percent.  

 5   Striking a stationary object was the most common 

 6   mechanism in fatal crashes.  Few states correctly 

 7   regulate this.  Forty-three percent of pediatric 

 8   snowmobile-related injuries actually occur on 

 9   private lands where the parents are there.

10                And so doctors -- and I don't think 

11   it matters whether the doctor is in New York City 

12   or in the Adirondacks.  But doctors who 

13   specialize in treating children recommend that 

14   children not be riding snowmobiles before the age 

15   of 16.

16                And so I don't think it's really a 

17   New York City versus upstate kind of debate.  And 

18   certainly we all want to keep our children safe 

19   and to help them develop and grow, and we all 

20   want them to participate in outdoor activities 

21   and bond with their parents.  And I just suspect, 

22   no matter where we live in the State of New York, 

23   we can all play that role between ourselves and 

24   our children, perhaps without putting them at 

25   risk.  


                                                               2528

 1                So I continue to be no, 

 2   Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger to be recorded in the negative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 164, those recorded in the negative are 

 8   Senators Alcantara, Avella, Bailey, Comrie, 

 9   Hamilton, Hoylman, Krueger, LaValle, Rivera, 

10   Sanders, Serrano and Stavisky.  Also Senator 

11   Kavanagh.  

12                Ayes, 49.  Nays, 13.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Can we now 

17   take up Calendar 783 on the controversial 

18   calendar.

19                ACTING PRESIDENT GRIFFO:   The bell 

20   has been rung, and the Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   783, by Senator Murphy, Senate Print 2364, an act 

23   to amend the Executive Law.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Klein.


                                                               2529

 1                SENATOR KLEIN:   Mr. President, I 

 2   believe there's an amendment at the desk.  I ask 

 3   that the reading of the amendment be waived and 

 4   that we may be heard on the amendment.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Klein, I have reviewed the amendment here at the 

 7   desk and pursuant to the Rule VII, Section 4B, I 

 8   am ruling the bill to be nongermane and therefore 

 9   out of order.

10                SENATOR KLEIN:   I appeal the 

11   decision of the chair, Mr. President, and ask 

12   that Senator Kavanagh be heard on the appeal.

13                ACTING PRESIDENT GRIFFO:   Your 

14   appeal is so noted.  

15                And Senator Kavanagh, you may be 

16   heard.

17                SENATOR KAVANAGH:   Thank you, 

18   Mr. President.

19                I rise to speak today on -- I 

20   believe several of my colleagues may be speaking 

21   on this.  I rise as the sponsor of one of the key 

22   provisions of this bill to enact and fund early 

23   voting, and also as the ranker on the Election 

24   Law Committee.  

25                But more than that, on behalf of 


                                                               2530

 1   New Yorkers across this state that are frankly 

 2   fed up with the fact that we continue to put 

 3   obstacles in the way as they try to exercise one 

 4   of their most fundamental rights, the right to 

 5   the vote and participate in our democracy.

 6                We often speak on both sides of the 

 7   aisle about the importance of New Yorkers 

 8   participating in elections, of the importance of 

 9   people voting and casting their ballots, and of 

10   our pride in our American tradition of democracy.  

11   And yet our rhetoric is far ahead of the reality 

12   in our state.

13                Most states have one or more of the 

14   provisions that are -- that our conference is 

15   calling for in this amendment today.  States like 

16   Louisiana have 99 more hours where people have an 

17   opportunity to vote in each election.  Many 

18   states have other provisions that we're calling 

19   for in this bill, such as the ability to get an 

20   absentee ballot without explaining a specific 

21   reason why you're going to be absent from your 

22   jurisdiction.

23                Many, many states have found, on a 

24   bipartisan basis, that allowing people to 

25   preregister, allowing people to register during 


                                                               2531

 1   the course of their business with other 

 2   government agencies, enhances the process of 

 3   democracy.  And yet again and again and again, 

 4   this house has rejected these provisions.

 5                Mr. President, it's time that we 

 6   move forward with these provisions.  It's time 

 7   that we stand up and say that we want to remove 

 8   the unnecessary obstacles that our Election Law 

 9   puts in the way of people voting.  It's time that 

10   we bring this amendment to this floor for a vote.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Kavanagh.

13                Upon request, and in concurrence 

14   with the chair, we will have additional members 

15   speak on the appeal of the chair.

16                Senator Valesky.

17                SENATOR VALESKY:   Thank you, 

18   Mr. President.  

19                In looking at this issue, the very 

20   important topic of voter reform, I thought it was 

21   important to include a bill that I have 

22   introduced and sponsored this year as a way to 

23   expand the opportunity for citizens across the 

24   state to vote on Primary Day.  

25                You know, as we look through state 


                                                               2532

 1   law there are many examples where people from 

 2   different counties, different regions of the 

 3   state are for some reason or another treated 

 4   differently.  And the issue of voting hours is 

 5   one of those issues.  

 6                There are eight counties plus the 

 7   City of New York where on Primary Day you have an 

 8   opportunity to vote at any point in time between 

 9   6:00 in the morning and 9:00 in the evening.  All 

10   of the other counties across the state, noon 

11   until 9:00.  What is it about those six hours 

12   that are so important?  Are people who live in 

13   certain areas of the state busier than others, 

14   need an additional opportunity to go and exercise 

15   their civic duty?  

16                I doubt that's the case.  This is 

17   probably an issue that has been in statute for a 

18   long time, and we haven't looked at it and 

19   updated the law to the degree that we should.

20                In fact, as I was researching this 

21   issue, just last year we did modify the statute.  

22   And I want to acknowledge and thank my colleague 

23   and friend Senator Serino, who on behalf of her 

24   constituents in Dutchess County advanced 

25   legislation, passed unanimously in the Senate and 


                                                               2533

 1   the Assembly, the Governor signed it into law, 

 2   Chapter 367 of the Laws of 2017.  So thanks to 

 3   Senator Serino, her constituents in Dutchess 

 4   County have the opportunity to vote from 6:00 in 

 5   the morning to 9:00 in the evening on 

 6   Primary Day.  

 7                It seems to me that we should not go 

 8   county by county across the state.  Let's do it 

 9   all at once.  It's the right thing to do.  Let's 

10   come together and support this important piece of 

11   legislation.  Thank you.  

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Comrie.

14                SENATOR COMRIE:   Thank you, 

15   Mr. President.

16                I wanted to speak today also.  I 

17   want to thank you for the opportunity to talk 

18   about the fact that we don't have no-fault 

19   absentee voting in New York State.

20                In the 15 hours that people are 

21   trying to vote on Election Day, for those 

22   counties that do have 15 hours -- as Senator 

23   Valesky just stated, there are some counties that 

24   don't -- people are working, people are trying to 

25   get things done, people are trying to pick up 


                                                               2534

 1   their kids from school or daycare, they're trying 

 2   to attend to relatives, they're trying to get to 

 3   work, sometimes they get caught in traffic.  

 4                We need to have no-excuse absentee 

 5   voting in this state because it right-sizes the 

 6   scope of the franchise to reflect the realities 

 7   of working people who have to plan in advance to 

 8   make these things happen.

 9                Under current New York election law, 

10   an absentee ballot can only be submitted by a 

11   voter for a primary, general or special election 

12   for the following reasons:  Number one, absence 

13   from the county or the city on Election Day; 

14   permanent illness or physical disability; primary 

15   care duties of a disabled person; patient or 

16   resident of a veterans hospital; or awaiting a 

17   criminal proceeding or incarcerated for a 

18   misdemeanor.

19                None of these existing statutory 

20   reasons to be eligible for an absentee ballot 

21   includes childcare, caring for a family member or 

22   work obligations, yet a large number of surveyed 

23   New Yorkers cited these reasons as barriers to 

24   their ability to vote.

25                In addition, although permanent 


                                                               2535

 1   illness or physical disability is an allowable 

 2   reason to currently vote absentee, a voter being 

 3   temporarily sick on Election Day is not a 

 4   sufficient reason to vote under New York State's 

 5   Election Law.  Yet over 14 percent of respondents 

 6   to a recent survey said they missed the 

 7   opportunity to vote solely because of temporary 

 8   or mild illness on Election Day -- meaning that a 

 9   bad flu season could be suppressing thousands of 

10   voters every year.

11                Currently 27 states plus the 

12   District of Columbia have enacted no-excuse 

13   absentee voting, in which an absentee ballot can 

14   be cast for any reason.

15                In addition, voting by mail is the 

16   only method of voting in many states.  These 

17   states have substantially higher rates of turnout 

18   than New York; indeed, they're in the top 12 

19   nationwide.  The state with the greatest voter 

20   turnout in the 2016 general election was 

21   Minnesota, with 74 percent turnout.  And this 

22   state has notably broader access to the ballot 

23   with both early voting and no-excuse absentee 

24   balloting.  

25                This amendment is germane because 


                                                               2536

 1   many New Yorkers are barred from absentee 

 2   balloting under the current law who would 

 3   otherwise be eligible to vote and who would 

 4   otherwise choose to vote if they could.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Savino.

 8                SENATOR SAVINO:   Thank you, 

 9   Mr. President.

10                I'm happy to join my colleagues here 

11   as we focus on some of the important advances 

12   that we can take here in New York State to 

13   improve voting for all of our constituents, 

14   upstate and down.

15                You know, New York State continues 

16   to be a beacon for people all over the world who 

17   want to come here and become Americans.  In 

18   New York City, one of the problems that we have 

19   is only 51 percent of the population speaks 

20   English in their home.  Approximately 25 percent 

21   of New York City residents speak Spanish.  

22   Hundreds of thousands of residents speak Chinese, 

23   Korean, Russian, Haitian, Creole or an Indian 

24   language.

25                While the City of New York has 


                                                               2537

 1   voluntarily improved access to language, some 

 2   documentation, including ballots, are still not 

 3   available in many languages that are spoken 

 4   throughout New York City.

 5                I currently represent the largest 

 6   Russian-speaking community in the State of 

 7   New York, some say in the United States, the 

 8   communities of Brighton Beach and Coney Island.  

 9   I've had the privilege of attending many 

10   citizenship swearing-ins of my constituents, who 

11   were so excited to become Americans and take 

12   their place and be able to vote.

13                The problem, though, is, you know, 

14   learning English as an adult is difficult.  I 

15   struggle with English myself, and I was born 

16   here.  Reading and writing in English is a quite 

17   different experience for people who have had to 

18   learn it much later in life.  

19                The New York City Board of Elections 

20   and the New York State Board of Elections refuse 

21   to provide Russian-language voting materials, let 

22   alone Russian-language ballots.  My bill would 

23   require the New York State and New York City 

24   Boards of Elections to provide Russian-language 

25   ballots so that our Russian-language-speaking 


                                                               2538

 1   constituents can take full advantage of their 

 2   rights and their opportunities as new citizens.  

 3                And that is one of the things that 

 4   we can do to improve voting for all of our 

 5   constituents, whether they were born here or 

 6   whether they've chosen to come here and become 

 7   new Americans.  Simple solutions that will make a 

 8   world of difference for people who are excited 

 9   about voting.  And that's really what we should 

10   be doing, finding ways to make voting exciting 

11   for all of our constituents.

12                Thank you, Mr. President. 

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Parker.

15                SENATOR PARKER:   Thank you, 

16   Mr. President.  On the amendment.

17                First I'd like to state that I 

18   believe that this amendment is both germane and 

19   in order exactly because I believe that it speaks 

20   not just to the specific bill that we're trying 

21   to amend, but more importantly to the foundations 

22   of our democracy.  There is literally nothing 

23   more important that we espouse as a common value 

24   in the State of New York, or in this country, 

25   than the process and the activity of voting.


                                                               2539

 1                 Under New York law, a person must 

 2   fill out and submit a voter registration form to 

 3   the Board of Elections and indicate their intent 

 4   to vote through an application to the Department 

 5   of Motor Vehicles.  Thirteen states plus the 

 6   District of Columbia have enacted automatic voter 

 7   registration, which would register a voter 

 8   whenever he or she interacts with a state agency.

 9                Modernizing the voter registration 

10   system would increase efficiency of voter 

11   registration for the state and its constituent 

12   governmental units.  It will save hundreds of 

13   thousands of dollars each year, increase the 

14   completeness and the accuracy of the state voter 

15   registration lists, prevent erroneous 

16   disenfranchisement of eligible citizens, promote 

17   greater participation of eligible voters in 

18   elections, and reduce the incidence of voter 

19   registration fraud and voting fraud.

20                A modern voter registration system 

21   that electronically transmits voter registration 

22   information will reduce costs involved in 

23   processing voter registrations and maintaining 

24   complete and accurate voter registration lists, 

25   making it easier to transfer registration when a 


                                                               2540

 1   person moves around the state.  And allowing 

 2   minors to preregister to vote will help make 

 3   New York one of the most voter-friendly states in 

 4   the country.

 5                The Modernized Voter Registration 

 6   Act of New York would automatically register 

 7   voters who interact with most state and local 

 8   agencies unless they affirmatively opt not to do 

 9   so.

10                So New York's antiquated system is 

11   really in need of dire repair.  It's time now for 

12   New York to join states like Oregon in making 

13   registration automatic, removing one major 

14   impediment to citizen participation in the 

15   political process.  Currently, voters moving 

16   across county lines must reregister at their new 

17   addresses.  When combined with voter registration 

18   and party enrollment deadlines, requiring people 

19   who move to reregister can cause disruption in 

20   voter access to the polls.  

21                Making it easier to transfer 

22   registrations when a person moves around the 

23   state and allowing minors to preregister to vote 

24   will make New York, again, one of the most 

25   voter-friendly states in the country, and 


                                                               2541

 1   certainly making us worthy of the title of the 

 2   Empire State.

 3                The Voter Empowerment Act of 

 4   New York would automatically transfer the 

 5   registrations of voters who move within the 

 6   state, and we ask my colleagues to find this 

 7   amendment both germane and in order.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Benjamin.

10                SENATOR BENJAMIN:   Thank you, 

11   Mr. President.

12                I rise to talk about the fact that 

13   in the State of New York, under current law, the 

14   Board of Elections must notify voters of any 

15   primary or general election.  However, in the 

16   case of a special election, there is no such 

17   notification required.

18                As we know, on April 24th we had 

19   11 special election races in the State of 

20   New York, representing 2 million New Yorkers and 

21   1.1 million registered voters.  None of these 

22   voters were required to receive any notification 

23   that there was an election happening.  How can we 

24   be a state that moves from 41st in the nation on 

25   voter turnout if we have a classification of 


                                                               2542

 1   elections that are happening more and more 

 2   frequently that do not require there to be 

 3   notification to voters?

 4                As we know, this amendment is 

 5   germane to this bill because ensuring that we 

 6   have an informed electorate is our duty.  Knowing 

 7   the date of an election is as fundamental to 

 8   getting someone to the polling sites as anything 

 9   else.  

10                I mean, if you decided to come out 

11   and vote for the first time in a special 

12   election, you'd have no idea where to go.  And 

13   you'd have to trust -- maybe some candidates 

14   might have advertised, maybe some candidates 

15   don't.  You'd have to trust, you know, an 

16   interested party in understanding where to go to 

17   vote.  It doesn't make any sense.  

18                And I think what we need to do as a 

19   state is to address this issue.  We did a survey, 

20   found out that 18 percent or the respondents said 

21   that they didn't vote because, guess what, they 

22   didn't know the date of the election.  We can do 

23   better as a state.

24                In 2016, we had four actual 

25   elections that year.  We had to go to the polls 


                                                               2543

 1   four times.  I remember it like it was yesterday.  

 2   There was a possibility that there could have 

 3   been a special election that was thrown into 

 4   that, which means we would have had to go to the 

 5   polls five times.  

 6                That is a lot on a family.  That's a 

 7   lot on those who have busy lives.  And to imagine 

 8   that one of those elections, they would not even 

 9   have known about it because there was no 

10   notification that came.

11                We've got to do better as a state.  

12   I call on our colleagues to come together and 

13   let's make sure that any special election in the 

14   state, similar to our primary and general 

15   elections, we actually notify voters that there's 

16   an election.

17                Thank you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Montgomery.

20                SENATOR MONTGOMERY:   Thank you, 

21   Mr. President.

22                I rise to support the amendment.  I 

23   think it's certainly relevant to our discussion.  

24                I was so impressed with the most 

25   recent march on Washington by young people, many, 


                                                               2544

 1   many thousands of them younger than 14.  They 

 2   were middle school young people, high school 

 3   young people, and up.

 4                So I think that it's time for us in 

 5   our state to recognize that young people have a 

 6   lot more knowledge and certainly energy and 

 7   interest, and they stand to inherit whatever we 

 8   leave for them in terms of our government, our 

 9   environment, and et cetera.

10                So I have a bill that I've 

11   introduced which would just lower the age where 

12   young people are allowed to register and vote, so 

13   that every 16-year-old in our state would be 

14   eligible to register and vote.  I think the 

15   sooner we start, the more responsibility at an 

16   earlier age young people feel.  

17                And I hope that the young people in 

18   our state are as alert, as sophisticated, as 

19   educated and as determined to protect their own 

20   interests and their future, because indeed it is 

21   theirs.  And so my bill would allow them to 

22   register, be able to register at 16 as opposed to 

23   17, as we have now.  Any young person in our 

24   state can register to vote, and they can vote in 

25   the year that they turn 18.


                                                               2545

 1                So this just opens that a little bit 

 2   wider and brings young people into the system 

 3   sooner.  And I think it's about time we recognize 

 4   that our young people have a lot more savvy than 

 5   we get give them credit for.

 6                Thank you, Mr. President.  I think 

 7   this is a very important part of our attempt to 

 8   open up our voting process.  Thank you.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Klein.

11                SENATOR KLEIN:   Thank you, 

12   Mr. President.

13                The genesis of these bills before us 

14   today was a study that was put out last week by 

15   the Senate Democratic Conference, which of course 

16   we all know, unfortunately, that New York State 

17   ranks 41st in the country for voter turnout.  

18   That's certainly not something we should be proud 

19   of.

20                We actually surveyed over a thousand 

21   voters all over the State of New York, and we 

22   found that 28 percent of respondents missed 

23   voting because of work or school obligations, 

24   14 percent missed an election due to illness or 

25   disability.  Barriers to voting included 


                                                               2546

 1   childcare, caring for a family member, and work 

 2   obligations.

 3                So when the question was posed to 

 4   them whether or not they would actually support 

 5   legislation which made voting easier -- early day 

 6   voting, no excuse-absentee voting -- 79 percent 

 7   of survey respondents said they would be more 

 8   likely to vote if an election were held earlier 

 9   or early voting was enacted.  Almost 76 percent 

10   of respondents said they would be more likely to 

11   vote if they could vote by mail in a non-excuse 

12   absentee ballot program.  

13                Senator Valesky's amendment, 

14   actually making a uniform system for voting, 

15   81 percent of respondents who live in counties 

16   with voting hours from 12:00 p.m. to 9:00 p.m. 

17   would actually vote if they had an extended day  

18   of voting.

19                So I believe that these are 

20   commonsense approaches.  I think we all know, if 

21   we're going to do something in a bipartisan 

22   fashion, I think we want to encourage Democrats, 

23   Republicans, conservatives, independents, anyone 

24   who is registered to vote in any party to come 

25   out to vote.  I think it strengthens our 


                                                               2547

 1   democracy and certainly strengthens our election 

 2   process.  

 3                So of course, Mr. President, we 

 4   stand here today with 31 in the Democratic 

 5   Conference ready to vote for voting reform.  And 

 6   of course I urge a yes vote.

 7                ACTING PRESIDENT GRIFFO:   So the 

 8   question before the house is on the procedures of 

 9   the house and the ruling of the chair.  All those 

10   in favor of overruling the ruling of the chair 

11   signify by saying aye.

12                SENATOR KLEIN:   A show of hands, 

13   please.

14                ACTING PRESIDENT GRIFFO:   A show of 

15   hands has been requested and is so directed.

16                Announce the results.

17                THE SECRETARY:   Ayes, 29.

18                ACTING PRESIDENT GRIFFO:   The 

19   ruling of the chair stands.

20                The bill-in-chief is before the 

21   house.

22                SENATOR DeFRANCISCO:   Last section.

23                ACTING PRESIDENT GRIFFO:   Seeing 

24   and hearing no Senator that wishes to debate, the 

25   debate is closed.  And the Secretary will ring 


                                                               2548

 1   the bell.

 2                Read the last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the first of April.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Murphy to explain his vote.

10                SENATOR MURPHY:   Thank you, 

11   Mr. President.

12                This bill has nothing to do with 

13   voting.  This bill has everything to do with the 

14   honesty in permitting process for restaurants 

15   like in New York City that have a window of 

16   opportunity to catch them on the street where 

17   they set up a few tables and have a few extra 

18   chairs, to allow the permitting process to be 

19   expedited.  

20                So the window of opportunity for 

21   that to happen, you can't wait nine months for 

22   that to -- to get your permit.  And then at the 

23   opportunity you get this, we have an expeditious 

24   process in order for you to get your permit in 

25   order for you to promote your business, employ 


                                                               2549

 1   other people to come up and help you with your 

 2   business.

 3                So this bill right here really has 

 4   to do with the permitting process, Mr. President, 

 5   and I'll be voting aye.  Thank you.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Murphy to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 783, those recorded in the negative are 

11   Senators Bailey, Comrie, Hoylman, Kavanagh, 

12   Krueger, Montgomery, Rivera and Serrano.  

13                Ayes, 54.  Nays, 8.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                The Secretary will read.  

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   May I ask 

19   what you're reading?  

20                ACTING PRESIDENT GRIFFO:   The 

21   remaining bills that were laid aside for the day?

22                SENATOR DeFRANCISCO:   Okay, I 

23   move -- at this point I'd like to lay the last 

24   two bills aside for the day.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               2550

 1   remaining two bills, Calendar 871 and 911, will 

 2   be laid aside for the day.

 3                SENATOR DeFRANCISCO:   And is there 

 4   any further business at the desk?

 5                ACTING PRESIDENT GRIFFO:   There is 

 6   no further business before the desk.

 7                SENATOR DeFRANCISCO:   In that case, 

 8   I move to adjourn until -- no, I don't.  

 9                There's an Insurance Committee 

10   meeting in Room 124 of the Capitol.

11                ACTING PRESIDENT GRIFFO:   There 

12   will be an Insurance Committee meeting in 

13   Room 124 of the Capitol immediately following 

14   session.

15                SENATOR DeFRANCISCO:   And now I 

16   move to adjourn until Tuesday, May 8th, at 

17   12:00 p.m., 12:00 p.m.

18                ACTING PRESIDENT GRIFFO:   On 

19   motion, the Senate will stand adjourned until 

20   Tuesday, May 8th, at noon.  

21                The Senate stands adjourned.

22                (Whereupon, at 5:37 p.m., the Senate 

23   adjourned.)

24

25