Regular Session - May 16, 2018
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 16, 2018
11 11:04 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Today's
10 invocation will be offered by the Reverend
11 Brandon McLauchlin, pastor of St. Charles
12 African Methodist Episcopal Zion Church in
13 Sparkill.
14 REVEREND McLAUCHLIN: Bow our
15 heads for a word of prayer.
16 God of creation, You spoke and
17 showed us the power of words. You touched dust
18 and showed us the power of steadfast love. Help
19 us to be mindful of the two. There are those in
20 need of us to speak with power on their behalf;
21 likewise, others who need love with words and
22 deeds.
23 Endow these leaders with the gifts
24 of Your grace. Let them see those they serve
25 through Your eyes. Let them do things for the
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1 blessings of Your people. For this we give You
2 praise.
3 In Your name we pray, amen.
4 ACTING PRESIDENT GRIFFO: Thank
5 you, Pastor.
6 The reading of the Journal.
7 THE SECRETARY: In Senate,
8 Tuesday, May 15th, the Senate met pursuant to
9 adjournment. The Journal of Monday, May 14th,
10 was read and approved. On motion, Senate
11 adjourned.
12 ACTING PRESIDENT GRIFFO: Without
13 objection, the Journal will stand approved as
14 read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 The Secretary will read.
18 THE SECRETARY: On page 63,
19 Senator Marchione moves to discharge, from the
20 Committee on Local Government, Assembly Bill
21 Number 10347 and substitute it for the identical
22 Senate Bill 8164, Third Reading Calendar 950.
23 ACTING PRESIDENT GRIFFO: The
24 substitution is so ordered.
25 THE SECRETARY: On page 65,
2913
1 Senator Golden moves to discharge, from the
2 Committee on Higher Education, Assembly Bill
3 Number 9728 and substitute it for the identical
4 Senate Bill 7616, Third Reading Calendar 972.
5 ACTING PRESIDENT GRIFFO: The
6 substitution is so ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Yes. First
15 I'd like to -- to all those in hearing of this
16 microphone, I would like to invite all the
17 legislators of the Senate to join us for this
18 important meeting today.
19 There are several resolutions
20 honoring people that should be honored, and
21 there is some very substantial legislation that
22 we have to pass. So if you are within the
23 hearing of my voice and you're a member of the
24 Senate, please join us.
25 Now, I have -- on page 32, I offer
2914
1 the following amendments to Calendar Number 398,
2 Senate Print 7166A, by Senator Ritchie, and ask
3 that said bill retain its place on the Third
4 Reading Calendar.
5 ACTING PRESIDENT AKSHAR: The
6 amendments are received, and the bill shall
7 retain its place on the Third Reading Calendar.
8 SENATOR DeFRANCISCO: Would you
9 please recognize Senator Klein.
10 ACTING PRESIDENT AKSHAR: Senator
11 Klein.
12 SENATOR KLEIN: Thank you,
13 Mr. President.
14 On behalf of Senator Carlucci, I
15 move to recommit Senate Bill Print Number 2649,
16 Calendar Number 1080 on the order of third
17 reading, to the Committee on Commerce, Economic
18 Development and Small Business, with instructions
19 to strike out the enacting clause.
20 ACTING PRESIDENT AKSHAR: So
21 ordered.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Would you
24 please take up previously adopted
25 Resolution 4327, by Senator Bonacic, read it in
2915
1 its entirety, and call on Senators Bonacic,
2 Seward and Akshar to speak.
3 ACTING PRESIDENT AKSHAR: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 4327, by Senator Bonacic,
7 congratulating the Delaware Academy Varsity Girls
8 Basketball Team and Head Coach Todd Bruce upon
9 the occasion of capturing the New York State
10 Public High School Athletic Association Class D
11 Girls Basketball Championship.
12 "WHEREAS, Individual and team
13 championships are highly sought after in high
14 school sports; this Legislative Body commends
15 rare athletic achievements and pays special
16 recognition to those who pursue such excellence
17 and become examples for the youth of this great
18 Empire State; and
19 "WHEREAS, Athletic competition helps
20 to enhance both the moral and physical
21 development of young athletes, preparing them for
22 the future by instilling in them the importance
23 of teamwork, encouraging a standard of healthy
24 living, and developing a sense of fair play and
25 competition; and
2916
1 "WHEREAS, This Legislative Body is
2 justly proud to congratulate the Delaware Academy
3 Varsity Girls Basketball Team and Head Coach Todd
4 Bruce upon the occasion of capturing the New York
5 State Public High School Athletic Association
6 Class D Girls Basketball Championship; to the
7 praise and applause of their excited fans, the
8 Bulldogs defeated Franklinville High School in an
9 exciting 54-51 victory to capture the
10 championship; and
11 "WHEREAS, Proudly donning the
12 school's colors of maroon and white, family,
13 friends, and the community at large loyally and
14 enthusiastically supported the Bulldogs
15 throughout their journey as they ended their
16 season with an impressive 24-2 overall record;
17 and
18 "WHEREAS, In a sport such as
19 basketball, which demands athletic prowess, speed
20 and agility, Head Coach Todd Bruce and Assistant
21 Coaches A.J. Mucciaro and Tom Gliddon worked hard
22 to hone the skills of this championship team,
23 teaching these outstanding athletes lessons
24 which will prove invaluable both on and off the
25 court; and
2917
1 "WHEREAS, Head Coach Todd Bruce and
2 all of the outstanding athletes on the Delaware
3 Academy Varsity Girls Basketball Team have
4 clearly utilized dedication, determination and
5 teamwork in providing a lasting contribution to
6 the spirit of excellence which is a tradition of
7 their school; now, therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to congratulate
10 the members of the Delaware Academy Varsity Girls
11 Basketball Team: Logan Bruce, Aileen Nealis,
12 Hannah Baxter, Olivia Wakin, Kaitlynn Finch, Anna
13 Post, Raegan Bracchy, Cella Schnabel, Brenna
14 Gioffe, Sylvia Liddle, Julia Burns, Meredith
15 Mable, Caroline Grace, and Sophia Wakin; Head
16 Coach Todd Bruce; and Assistant Coaches A.J.
17 Mucciaro and Tom Gliddon upon the occasion of
18 capturing the New York State Public High School
19 Athletic Association Class D Girls Basketball
20 Championship; and be it further
21 "RESOLVED, That copies of this
22 resolution, suitably engrossed, be transmitted to
23 the members of the Delaware Academy Varsity Girls
24 Basketball Team, Head Coach Todd Bruce,
25 Assistant Coaches A.J. Mucciaro and Tom Gliddon,
2918
1 Manager Bri Sohns, Statistician Mercedes Wakin,
2 Athletic Director Jeff Ferrara, and
3 Superintendent Jason D. Thomson."
4 ACTING PRESIDENT AKSHAR: Senator
5 Bonacic on the resolution.
6 SENATOR BONACIC: Thank you,
7 Mr. President.
8 I'd like to welcome our champions
9 for Section D -- Division D, I should say, and
10 Jason Thomson, our superintendent. And the names
11 of all the young ladies are read, and it will be
12 forever in our Senate minutes.
13 And before I talk about your
14 basketball prowess, I'd like to congratulate five
15 of you who play on this basketball team that won
16 the section title in soccer. So we have talented
17 athletes up in the gallery.
18 I myself am a former college
19 basketball player, so I read with excitement the
20 articles in the newspaper of how you won this
21 game. And I loved the picture when you were in
22 the celebration, mauling each other, jumping on
23 each other with such excitement.
24 But what I liked was you were down
25 in the game against an undefeated team who had
2919
1 never lost all season, Franklinville, 25 and 0.
2 So this is the championship game, there's little
3 less than 6 seconds, and you're down by 3. So
4 the coach says to his daughter: "You've got to
5 take a three-point shot." She goes, "I'm not a
6 three-point shooter. I like to drive." He says,
7 "What are you here for?"
8 So this young lady -- and I don't
9 mean to single her out only, but I thought it was
10 kind of interesting, the byplay. And every
11 member contributes to this victory. She goes
12 above the top of the key, a step-back
13 three-pointer, and hits, to put the game in
14 overtime. And she says, "It's the first time I
15 ever stepped back and hit a three-point
16 overshot."
17 And that put the game in a tie. And
18 regulation, you went on to win 54-51. What an
19 exciting, tremendous victory.
20 Those moments are priceless. You
21 will remember it for the rest of your life. And
22 I congratulate each and every one of you.
23 Thank you.
24 (Extended standing ovation.)
25 ACTING PRESIDENT AKSHAR: Ladies,
2920
1 we're going to clap again for you, because
2 Senator Seward wants to be heard on the
3 resolution as well.
4 Senator Seward.
5 SENATOR SEWARD: Thank you,
6 Mr. President.
7 I want to join Senator Bonacic in
8 not only welcoming our Delaware Academy Bulldogs
9 to the chamber here today, but also to
10 congratulate you on the great achievement that
11 you have obtained.
12 I'm very, very pleased that a
13 portion of the Delaware Academy School District
14 is in my Senate district, so we sort of share
15 Delaware Academy. And this is a very proud
16 moment for all of us for sure.
17 This team is made up of what I call
18 true trailblazers, because they are the very
19 first state basketball champs from Delaware
20 Academy. So you are really trailblazers, no
21 question about it.
22 And this winter, as Senator Bonacic
23 so ably described -- and I feel like we were
24 right at the game, the way he described it. It
25 was a thrilling, thrilling 54-to-51 win over
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1 Franklinville to capture the state championship.
2 And our apologies to our colleague Senator Young,
3 who represents Franklinville.
4 (Laughter.)
5 SENATOR SEWARD: This is a team,
6 though, that had a goal and they worked very,
7 very hard to achieve it. There were plenty of
8 extra hours of practice in the Delaware Academy
9 gymnasium, and I think probably in a few
10 driveways around the school district, shooting
11 some hoops right at home for further practice.
12 The team put the work in, and the
13 result was a much sought-after state title. A
14 true crowning achievement for this outstanding
15 group of young ladies.
16 Of course the girls were not alone
17 in their journey. They had plenty of help --
18 constant guidance from their coaches and loving
19 encouragement of parents and other family
20 members, and of course the enthusiastic support
21 of the entire community in the Delaware Academy
22 School District. You made us all proud.
23 Along with their success on the
24 basketball court, however, these girls also excel
25 in the classroom. They were recently named a
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1 New York State Public High School Athletic
2 Association Scholar-Athlete Team. Truly they
3 epitomize the term student-athletes.
4 And as I think about the future and
5 the great achievement of this team, I am very
6 optimistic about the future because you
7 epitomize -- we're going to have a great future
8 as we go forward.
9 So the 2018 Delaware Academy
10 Bulldogs, they are champions both on and off the
11 court. So we're delighted to join in sponsorship
12 of this resolution and stand to congratulate you
13 on a great season.
14 Congratulations.
15 ACTING PRESIDENT AKSHAR: Thank
16 you, Senator Seward.
17 Senator Bailey on the resolution.
18 SENATOR BAILEY: Thank you,
19 Mr. President.
20 For the record, John, I can't hit a
21 step-back either.
22 (Laughter.)
23 SENATOR BAILEY: I tried it
24 yesterday, and it didn't work out so well.
25 But I am a fan of basketball. And
2923
1 the reason why I am such a fan of basketball is
2 not just for the artistry of the sport, but for
3 the team aspect that it brings to us and the life
4 lessons that you learn on the court.
5 And while I was never the greatest
6 athlete, basketball taught me a lot about myself.
7 And as the father of two daughters, I really have
8 grown to love and appreciate the game of women's
9 basketball. One of my favorite players is
10 actually Sue Bird, and Diana Taurasi. They're
11 two amazing players. Becky Hammon should be the
12 coach of an NBA team very soon.
13 And I encourage young women to
14 continue to play basketball and to continue to
15 participate in athletics, because it will make
16 you more well-rounded. And not that I'm pushing
17 my 3-year-old into that direction, but I'm gently
18 nudging her. Maybe from time to time I put a
19 basketball in the crib when she was sleeping; I
20 may or may have not done that.
21 (Laughter.)
22 SENATOR BAILEY: My 16-month-old,
23 you know, she likes to dunk on the Fisher-Price
24 hoop in the house.
25 But you young ladies are an example
2924
1 of what they can be, and it's inspiring to see
2 champions both on and off the court, as Senator
3 Seward and Senator Bonacic were saying, that your
4 academic achievements are equally and probably
5 more important that your accomplishments on the
6 court.
7 So I want to congratulate you all on
8 the championship, and many more. And hopefully
9 some of you will go on to play college basketball
10 and go on to the WNBA or overseas, if that's
11 within your dreams. But never stop dreaming, and
12 keep reaching.
13 God bless you, and congratulations.
14 ACTING PRESIDENT AKSHAR: Thank
15 you, Senator Bailey.
16 To the team, we congratulate you on
17 all of your accomplishments. We welcome you to
18 the New York State Senate. This chamber is
19 yours, of course. We extend all of the
20 privileges and courtesies of this great house.
21 I'd ask all of the members to rise
22 once again and congratulate these fine young
23 ladies.
24 (Extended standing ovation.)
25 ACTING PRESIDENT AKSHAR: Senator
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1 DeFrancisco.
2 SENATOR DeFRANCISCO: Yes, that
3 resolution is open for cosponsorship. If you'd
4 like to cosponsor, please notify the desk.
5 ACTING PRESIDENT AKSHAR: The
6 resolution is open for cosponsorship. If you'd
7 like to be a cosponsor, please notify the desk.
8 SENATOR DeFRANCISCO: Can we please
9 take up previously adopted Resolution 5246, by
10 Senator Flanagan, read it in its entirety, and
11 call on Senator Stewart-Cousins and then
12 Senator Flanagan to speak.
13 ACTING PRESIDENT AKSHAR: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 5246, by Senator Flanagan,
17 honoring the hard work, dedication and commitment
18 of the members of the New York State Legislative
19 Messenger Service.
20 "WHEREAS, It is the sense of this
21 Legislative Body to honor individuals who have
22 faithfully served the people and the government
23 of the State of New York with dedication and
24 conscientious service; and
25 "WHEREAS, The New York State
2926
1 Legislative Messenger Service was founded in 1973
2 as an avenue to provide job training and
3 opportunities to individuals with a disability;
4 emphasis is placed on understanding and
5 amplifying an individual's strengths while
6 providing support, training and structure to
7 lessen any barriers created by their disability;
8 and
9 "WHEREAS, This outstanding service
10 plays a very important role in expediting the
11 work of the New York State Legislature; and
12 "WHEREAS, Technology has reshaped
13 how the Legislative Messenger Service performs
14 their job with introduction of online ordering
15 and the integration of tablets in 2015, which are
16 being used by over 95 percent of the staff daily;
17 and
18 "WHEREAS, This Legislative Body is
19 justly proud to honor the hard work, dedication
20 and commitment of the members of the New York
21 State Legislative Messenger Service; and
22 "WHEREAS, For more than four
23 decades, the New York State Legislative
24 Messenger Service, located in the Legislative
25 Office Building, has provided a communications
2927
1 network throughout the Empire State Plaza and
2 neighboring state buildings for Senate and
3 Assembly legislators and their staffs; and
4 "WHEREAS, The dedicated members of
5 the New York State Legislative Messenger Service
6 can always be relied on to provide swift and
7 dependable service; and
8 "WHEREAS, Under the able leadership
9 of Kevin Kather, Director, and Beth Bonesteel,
10 Assistant Director, the members of the New York
11 State Legislative Messenger Service, whom we see
12 hurrying about their rounds, include: Brian
13 Abreu, Greta Amodeo, Michael Cohen, William
14 Crowe, Michelle Daly, Adam Denenberg, Robert
15 DeSieno, Sharon Forkeutis, Marcus Gagnon, William
16 Gerard, Katherine Griffin, Kennasha Hardy,
17 Kimberly Lapp, Barbara McDonald, Kathy O'Brien,
18 Patrick O'Hara, Kadija Oliver, Francis Rotundo,
19 Kathleen Schleich, Mollie Shook, Kellsey Wickham,
20 Barbara Wojtowicz, and Valerie Zeh; and
21 "WHEREAS, An apprenticeship was
22 created in 2012 to provide opportunities for
23 individuals with disabilities who are eager to
24 gain professional employment experience; this
25 year's apprentices include: Molly Fortin, Allen
2928
1 Howard, and Jude Killar; and
2 "WHEREAS, This Legislative Body is
3 pleased to recognize and pay just tribute to the
4 members of the New York State Legislative
5 Messenger Service, individuals who embody the
6 true American spirit, demonstrating personal
7 determination and significantly contributing to
8 the workings of the New York State Legislature;
9 now, therefore, be it
10 "RESOLVED, That this Legislative
11 Body pause in its deliberations to honor the hard
12 work, dedication and commitment of the members of
13 the New York State Legislative Messenger Service;
14 and be it further
15 "RESOLVED, That copies of this
16 resolution, suitably engrossed, be transmitted to
17 the members of the New York State Legislative
18 Messenger Service, and the aforementioned
19 apprentices."
20 ACTING PRESIDENT AKSHAR: Senator
21 Stewart-Cousins.
22 SENATOR STEWART-COUSINS: Thank
23 you, Mr. President.
24 I rise and certainly thank Senator
25 Flanagan for putting forth this resolution, which
2929
1 I believe speaks to everything our messengers
2 bring to us on a day-to-day basis.
3 We are all very, very busy people,
4 and we always talk about how our staff really
5 makes it easier for us. But without the
6 information coming between offices, without the
7 information getting there on a timely basis,
8 without us knowing that we could rely on you and
9 your services and your talent, our jobs would be
10 so much harder.
11 And although there are a lot of
12 employees here, there are very few that have
13 overcome the kinds of obstacles that sometimes
14 you have to overcome to be part of this family.
15 And so I want to thank all of you,
16 on behalf of my colleagues here in the Senate
17 Democrats, to say thank you. You are talented,
18 you are gifted, you are necessary.
19 And I'm hoping that people all over
20 will take a look at you and the example that you
21 set and make sure that we expand opportunities,
22 because there is so much that you have to
23 contribute and have contributed to making
24 New York State work.
25 So congratulations. Thank you so
2930
1 much. And we won't have a chance together to
2 wish each other a good summer, but again, enjoy
3 the summer, and thank you for your service to the
4 state.
5 (Applause.)
6 ACTING PRESIDENT AKSHAR: Thank
7 you, Senator Stewart-Cousins.
8 Senator Flanagan.
9 SENATOR FLANAGAN: Thank you,
10 Mr. President.
11 I rise to speak on behalf of this
12 resolution. And I want to direct my attention
13 for a moment to the young students who are up in
14 the gallery.
15 You heard from Senator Bonacic,
16 Senator Seward. And I played basketball with
17 Senator Bonacic. I was a much better passer than
18 I was a shooter. And he was actually a very good
19 basketball player. I know it's hard to believe,
20 but he was a good basketball player.
21 But the point I want to make is it
22 is wonderful to see you in the gallery for a
23 variety of reasons, not the least of which is you
24 are ambassadors -- to your community, to your
25 school district. And we're proud to see people
2931
1 like you, even if we may not know you. So props
2 and kudos to you.
3 But I want to explain why we're
4 honoring the folks that are here today.
5 There's a commercial on TV that
6 involves the Norfolk and CSX railroads. And
7 there's a couple of people talking about what
8 they're doing, and at the end one guy says: "So,
9 basically, what are you doing?" And the other
10 just says, with a smile on his face, "Just
11 keeping the trains running." Making sure things
12 work, making sure things go smoothly.
13 Now, that's going to seem
14 contradictory to what I'm going to say. Right
15 now the wheels of government have halted.
16 They've stopped. There's nothing going on,
17 because the messengers are not at their appointed
18 rounds.
19 (Laughter.)
20 SENATOR FLANAGAN: So nothing --
21 you know, there is no work, no productive work
22 that is getting done because the people who do
23 the work are here being honored.
24 So I certainly want to add my voice
25 to that of Senator Stewart-Cousins. We are
2932
1 delighted to have you with us and amongst us.
2 To Kevin and Beth, thank you for
3 your guidance and your supervisory capacity and
4 your leadership. Let's give them a round of
5 applause.
6 (Applause.)
7 SENATOR FLANAGAN: Now, there are
8 two individuals -- and it's always a little
9 difficult if you single people out, as Senator
10 Bonacic said. But there are two individuals who
11 deserve another ounce of recognition.
12 Ken LaValle is one of our dear
13 colleagues. Ken LaValle walks around, he's like,
14 Hey, I'm the dean of the Senate, I've got 42
15 years, I'm the most senior person here. Unh,
16 unh, unh. Barbara McDonald -- where's Barbara?
17 Barbara, okay.
18 (Applause.)
19 SENATOR FLANAGAN: I'm pretty
20 sure -- I checked for the record -- 43 years. Am
21 I correct? No? Barbara, how many years do you
22 have?
23 (Inaudible.)
24 SENATOR FLANAGAN: Okay. Well, we
25 have two of our members, one with 43. And Frank,
2933
1 Mr. Rotundo --
2 (Applause.)
3 SENATOR FLANAGAN: -- he is the
4 dean of the messenger service.
5 And as an extension, I see my buddy
6 Adam over there. Adam, good to see you.
7 And we have a resident in-house
8 artist. I get to see Billy Crowe every morning,
9 he stops by my office. On my birthday, he gives
10 me a hand-done portrait. And he's always got a
11 smile on his face. And you know what, it is
12 really, for me personally -- and I think I'm
13 characteristic of the -- there we go. Senator
14 Marchione has a framed picture from Billy.
15 (Applause.)
16 SENATOR FLANAGAN: You all make us
17 look good. You make us look better. And you
18 make us feel good.
19 So to all of you, thank you for who
20 you are, for what you do. Keep up the good work.
21 And it's fantastic to see all of you here.
22 Mr. President, thank you.
23 ACTING PRESIDENT AKSHAR: Thank
24 you, Senator Flanagan.
25 (Applause.)
2934
1 ACTING PRESIDENT AKSHAR: Senator
2 Robach on the resolution.
3 SENATOR ROBACH: Yes,
4 Mr. President, let me too rise quickly -- just
5 this is such a great resolution -- and thank
6 Senator Cousins for her words, Senator Flanagan
7 for the resolution.
8 I just want to add, besides the
9 important work that you guys do, I really want to
10 thank you for really the style you do it, your
11 friendship, and really being part of the Senate
12 family.
13 And it's true, Adam gives me the
14 Mets update every day so I know what's going on.
15 Marcus keeps me smiling. Marcus, as a matter of
16 fact, may have saved Senator Lanza's life. One
17 day I wanted to maybe be a little bit mad at him,
18 but Marcus said "Just let it go. Just let it
19 go."
20 (Laughter.)
21 SENATOR ROBACH: So you're
22 always -- your smiles, your updates tell us
23 what's going on above and beyond delivering
24 everything you do.
25 Thank you for being the great people
2935
1 you are, being so awesome. You're inspiring, and
2 we love you.
3 (Applause.)
4 ACTING PRESIDENT AKSHAR: Thank
5 you, Senator Robach.
6 Senator Breslin on the resolution.
7 SENATOR BRESLIN: Thank you very
8 much, Mr. President.
9 In my case, you are my coworkers, my
10 friends, and you're my constituents in many
11 cases. And in many cases, I know all your
12 relatives and I get together with your relatives.
13 And I see Kathleen, the first person
14 there, and waving, Kathleen. And if you say hi
15 to her, how's your day going, she'll turn and
16 smile and say "So far so good." Right?
17 (Laughter.)
18 SENATOR BRESLIN: And Mollie. And
19 next to her -- wave, Mollie -- is that Barbara?
20 Okay. And I can go down and down and down.
21 Billy Crowe, Billy Crowe and his whole family
22 I've known for over 50 years. And Billy, you do
23 a phenomenal job.
24 And Greta, where are you, Greta?
25 There's Greta back there.
2936
1 And Michael Cohen, who I know very
2 well. Michael -- you all know Michael.
3 And Michelle Daly, who's a great
4 singer. Say hi, Michelle.
5 And Adam. Adam always stops me and
6 gives me the different bus routes that we need
7 improved in the area.
8 (Laughter.)
9 SENATOR BRESLIN: And back on the
10 left, Kate Griffin, my dear friend Kate, who I've
11 known her family for many, many, many, many
12 years.
13 And I could go on and on. You're
14 all very, very special. And you're my coworkers.
15 Most importantly, you brighten my day every day.
16 If it's not one, it's the other.
17 Mollie, you can say hello to me from
18 a football field away, can't you?
19 (Laughter.)
20 SENATOR BRESLIN: And there's a
21 story for each one of you, and all those stories
22 are positive. And all those stories make this a
23 better place to live and work. Because you
24 brighten our day. There's no -- when it comes to
25 you guys, there's no Democrats and Republicans,
2937
1 they're your fellow friends and workers.
2 So I love you all. Keep it up.
3 You've done a phenomenal job, and you continue to
4 do it. Thanks.
5 (Applause.)
6 ACTING PRESIDENT AKSHAR: Thank
7 you, Senator Breslin.
8 Senator Marchione on the resolution.
9 SENATOR MARCHIONE: Thank you,
10 Mr. President.
11 I just rise to add my thanks to all
12 that you do here.
13 You know, I tell the story that when
14 I first became Senator, it was one of you who
15 invited me over for dinner the first time. And
16 you are just such special people, and you do an
17 amazing job for us. And I love working with you.
18 But I have to tell you how much I
19 love you being part of the Senate family. As
20 Senator Breslin said, and others, just to meet
21 you in the hall and to say hello. And Billy, I
22 did bring my birthday card that you drew for me.
23 And I'm grateful for the smiles that
24 we get in the morning. The stress that we all
25 face here -- and you as well -- but to have a
2938
1 smiling face in the halls in the morning, just to
2 stop and say hello, how was your day, means more
3 than you will ever know.
4 I'm grateful to have had the
5 opportunity to work with everyone here, but
6 especially with all of you.
7 Thank you, Mr. President.
8 (Applause.)
9 ACTING PRESIDENT AKSHAR: Thank
10 you, Senator Marchione.
11 Senator Tedisco on the resolution.
12 SENATOR TEDISCO: Yes, thank you,
13 Mr. President.
14 Well, to quote someone from Saturday
15 Night Live, you look marvelous. You really do.
16 (Laughter.)
17 SENATOR TEDISCO: I want to thank
18 all of our messengers.
19 And you know, I've spent a lot of
20 time in this building -- not necessarily in this
21 room, but on the other side for most of my time.
22 And tremendous service you've given us in the
23 Assembly, and myself. And I was wondering, when
24 I came over here, well, would I get that same
25 level of service. And I have to tell you, it is
2939
1 above and beyond the level of service that I've
2 ever seen on the other side. You do a tremendous
3 job for all of us.
4 And I kind of liken you to the
5 postal service. And a postal worker, you know
6 what the slogan is? I paraphrase: Rain, sleet,
7 snow --
8 (Laughter.)
9 SENATOR TEDISCO: -- nothing can
10 stop you from getting to your intended quarters
11 to serve us.
12 And you know why you're better than
13 the postal service? You never charge me for a
14 stamp when you deliver all that.
15 (Laughter.)
16 SENATOR TEDISCO: It's all for
17 free.
18 ADAM DENENBERG: Twenty-five cents.
19 (Laughter.)
20 SENATOR TEDISCO: Twenty-five
21 cents? Boy, that was way back.
22 But you are dedicated, you're
23 hardworking, you have a tremendous work ethic.
24 And I consider you some of the best public
25 servants in the State of New York, and some of
2940
1 the best state workers in the State of New York.
2 Because as has been mentioned, we couldn't do our
3 job as public servants if you didn't do your job
4 as public servants.
5 And I want to say to all of you, we
6 appreciate you, we thank you.
7 Now, Barbara, I have a little bit of
8 a concern. You know, there are some rules. You
9 were here 43 years? And you know, there are some
10 rules to becoming a messenger. And I want to
11 know how you got this job at the age of 12.
12 (Laughter.)
13 SENATOR TEDISCO: Because, you
14 know, we're going to allow for that, we're going
15 to provide a waiver.
16 (Laughter.)
17 SENATOR TEDISCO: But you do look
18 marvelous.
19 (Laughter.)
20 SENATOR TEDISCO: And let me close
21 by saying this. If any one of you -- and I mean
22 it, any one of you -- ever need a recommendation
23 from myself for any other position, for any other
24 thing, any other job you go towards or anything
25 you do in life, just come over, just ask me. I
2941
1 think any member of this room will write out a
2 recommendation for you.
3 Now, there's just one caveat to
4 that. I cannot write a recommendation to any one
5 of you who is from my district who wants me to
6 write a recommendation to run for the 49th
7 Senatorial District.
8 (Laughter.)
9 SENATOR TEDISCO: Because I'd have
10 to be your campaign manager, because I couldn't
11 win against any one of you.
12 God bless you, and congratulate you.
13 And thank you so much.
14 (Applause.)
15 ACTING PRESIDENT AKSHAR: Thank
16 you, Senator Tedisco.
17 Senator Breslin made a very salient
18 point. It's not about Republican or Democrat.
19 We've all stood up, all of us, on behalf of this
20 very grateful body and all the people who work
21 for us. We appreciate you. And we thank you for
22 your hard work.
23 It's been said many times today, but
24 it certainly bears repeating: We all want you to
25 know that you are part of the Senate family.
2942
1 To my colleagues on the floor,
2 please rise and give these ladies and gentlemen a
3 very big round of applause.
4 (Extended standing ovation.)
5 ACTING PRESIDENT AKSHAR: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, thank
8 you, Mr. President. This resolution is open for
9 cosponsorship.
10 And in view of the reaction and the
11 desire of everyone to speak here -- but
12 unfortunately, there's not enough time -- I'll
13 suggest that everybody be put on as a cosponsor
14 unless you do not want to be a cosponsor on this
15 resolution.
16 ACTING PRESIDENT AKSHAR: So
17 everybody will be on this resolution. In the
18 event that you feel it necessary to take yourself
19 off, please notify the desk.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: Could we
22 please take up previously adopted Resolution
23 4517, by Senator Serino, read the title only and
24 call on Senator Serino to speak.
25 ACTING PRESIDENT AKSHAR: The
2943
1 Secretary will read.
2 SENATOR DeFRANCISCO: Excuse me.
3 May we have some order in the chambers here?
4 ACTING PRESIDENT AKSHAR:
5 (Gaveling.) Just a little bit of order, I'm
6 sorry.
7 SENATOR ROBACH: Take it outside.
8 (Laughter.)
9 SENATOR DeFRANCISCO: Can we please
10 ask Senator Robach to leave the chambers for a
11 moment.
12 (Laughter.)
13 ACTING PRESIDENT AKSHAR: Senator
14 Robach, either have a seat or go out in the
15 hallway, please.
16 (Laughter.)
17 ACTING PRESIDENT AKSHAR: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 4517, by Senator Serino,
21 memorializing Governor Andrew M. Cuomo to
22 proclaim May 2018 as Lyme Disease Awareness Month
23 in the State of New York.
24 ACTING PRESIDENT AKSHAR: Senator
25 Serino on the resolution.
2944
1 SENATOR SERINO: Thank you,
2 Mr. President.
3 Each year I've stood during this
4 month as we recognize May as Lyme Disease
5 Awareness Month, but this year I rise with an
6 even more heightened sense of urgency.
7 Did you know that the CDC recently
8 released a report showing that the number of
9 people getting diseases from ticks and mosquitoes
10 has tripled since the early 2000s? Diseases like
11 Lyme and other tick-borne illnesses. What's
12 worse, the CDC found that our country is not
13 fully prepared to control the relentless spread.
14 The numbers don't lie. New York
15 sits at the epicenter of the Lyme and tick-borne
16 disease epidemic. The Senate has led the charge
17 against this epidemic for years, and this year we
18 fought to include an unprecedented $1 million to
19 bolster education, prevention and research
20 initiatives.
21 Today we will take up a package of
22 critical bills that aim to tackle these diseases
23 by increasing awareness, improving diagnostics,
24 better protecting our children, improving
25 important information available to homeowners
2945
1 looking to protect their properties, and working
2 towards providing insurance coverage for those
3 who are suffering.
4 I am so appreciative to my
5 colleagues here in our house who helped to
6 champion these important initiatives, especially
7 the chair of our Health Committee, Senator Kemp
8 Hannon, who has been a leader on this issue right
9 from the beginning.
10 Today we will be holding a Lyme
11 Task Force meeting, the calling of which prompted
12 the Governor's office to announce yesterday a
13 series of important initiatives they will be
14 taking up to help the cause.
15 It has been a long time coming, but
16 it is clear that this issue is finally getting
17 the attention it deserves here in New York. As
18 many of you know, I hail from Hyde Park in the
19 Hudson Valley, and our area in particular has
20 been hit particularly hard. Back home I have
21 heard story after devastating story of people
22 whose lives have been forever changed by Lyme
23 disease.
24 You know, look up, we have children
25 here in the gallery. Every time I have kids come
2946
1 from the district, I ask them, I say, "How many
2 of you know about ticks and Lyme disease?" And
3 Commissioner Zucker and I have had this
4 conversation -- about a third of the kids raise
5 their hands. That's why we're doing this
6 education.
7 And what really hits home, I know as
8 a parent -- I had a little girl, she was in
9 4th grade. And she said, "Senator Serino, I have
10 arthritic Lyme." Arthritic Lyme. She had
11 trouble moving her hands.
12 This is a reality. That's why it's
13 so imperative that we are championing this and
14 passing these bills today, because the
15 frustration and anxiety that comes with this
16 struggle is very real.
17 Today we take a significant step
18 forward to help those who are suffering and to
19 more effectively prevent more New Yorkers from
20 being impacted. I hope you will join me in
21 spreading the word about Lyme, and I thank my
22 colleagues for making Lyme disease a priority.
23 And if anyone wants to take part in
24 the Take a Bite Out of Lyme challenge, come see
25 me after session, and we'll set you up with some
2947
1 limes.
2 Thank you very much.
3 ACTING PRESIDENT AKSHAR: Thank
4 you, Senator Serino.
5 (Applause.)
6 ACTING PRESIDENT AKSHAR: Senator
7 Hannon on the resolution.
8 SENATOR HANNON: Thank you,
9 Mr. President.
10 This is the most significant type of
11 resolution, because Lyme disease has proven to be
12 one of the more irascible types of diseases.
13 It's hard to detect, it's hard to prevent, it's
14 hard to treat.
15 Senator Serino, her task force had
16 a roundtable in the fall, and it was amazing the
17 nonconsensus there is among the medical community
18 as to how to do the detection and how to do the
19 treatment.
20 And yet since then, we've found out
21 that there are more diseases borne by ticks.
22 It's wider spread in New York and other states.
23 The CDC is really perking up.
24 So the leadership the Senate and
25 Senator Serino have shown is significant. Money
2948
1 has been put in the budget. There is an agenda
2 today with some significant advances. And with
3 all the other types of concerns that get
4 articulated in the paper, this really should be a
5 top priority for public health.
6 So I urge the adoption of this
7 resolution.
8 Thank you, Mr. President.
9 ACTING PRESIDENT AKSHAR: Thank
10 you, Senator Hannon.
11 Senator Young.
12 SENATOR YOUNG: Thank you,
13 Mr. President.
14 I rise in support of this resolution
15 but also to commend our colleagues, people like
16 Senator Sue Serino, Senator Hannon, who have
17 worked so hard on these issues. And we have made
18 great progress in addressing Lyme disease, but
19 there's so much further to go.
20 About six months ago I received a
21 call from one of my dear friends, I hadn't spoken
22 to him in a long time. What I found out was his
23 son, for four years -- a young man at the very
24 beginning of his adult life, had been bedridden
25 for about four years. They took him to doctors
2949
1 in New York, they took him to doctors in
2 California, they went to every medical expert
3 they could find, and they could not find the
4 cause for his dire illness. Finally, they found
5 out it was due to Lyme disease.
6 And unfortunately, there's family
7 after family after family in New York State that
8 is dealing with the crippling, devastating
9 effects of Lyme disease. And that's why we are
10 taking action in New York State. We have several
11 programs, grant funding. We want to prevent
12 people from getting the disease, we want to be
13 able to treat it in the proper manner.
14 And again, I commend Senator Serino.
15 She has been a champion on this issue. Senator
16 Amedore has been. Senator Murphy has been. And
17 Senator O'Mara has been. But all of the members
18 have worked together to make progress. And I
19 couldn't be prouder to be a part of this body
20 because of how we get things done here in the
21 State of New York.
22 And again, we need to continue this
23 battle. Today is a great day, but we need to
24 continue to win this fight against Lyme disease.
25 Thank you, Mr. President.
2950
1 ACTING PRESIDENT AKSHAR: Senator
2 Young, thank you.
3 Senator Boyle on the resolution.
4 SENATOR BOYLE: Mr. President, in
5 support of the resolution.
6 I'd first like to thank my colleague
7 Senator Serino for her leadership on this issue,
8 and Senator Hannon. I represent Fire Island, a
9 large part of Fire Island, where Lyme disease and
10 tick-borne illnesses have been a problem for many
11 years.
12 And I can tell you that at the
13 hearings that took place -- I urge all my
14 colleagues to watch the video if you were not
15 able to attend this.
16 One of my constituents, Martin
17 Wilson, an intelligent, successful businessperson
18 who suffered, was misdiagnosed and finally
19 diagnosed with Lyme disease years later. It's
20 devastated his life. But he's a true advocate,
21 and I want to thank him for his efforts.
22 This is just the beginning. This
23 resolution, I strongly support. This package of
24 bills, we're going to get this passed today with
25 Senator Serino's leadership and move on and
2951
1 finally cure Lyme disease and all tick-borne
2 illnesses.
3 ACTING PRESIDENT AKSHAR: Thank
4 you, Senator Boyle.
5 Senator Amedore on the resolution.
6 SENATOR AMEDORE: Thank you,
7 Mr. President.
8 I want to thank Senator Serino and
9 her leadership, not just for this resolution but
10 for her leadership on the Task Force on Lyme and
11 Tick-Borne diseases.
12 There's no question that she has
13 elevated and raised the awareness and also
14 advocated for much-needed funds.
15 Representing part of the
16 Hudson Valley and the Capital Region, we have a
17 major problem. We have a major problem with our
18 constituents who suffer from a tick-borne disease
19 or just a little tick bite, or Lyme disease that
20 they don't know where the cure -- what the
21 cure -- or why they feel the way they do, and
22 physicians not being properly able to diagnose
23 the right diagnoses.
24 I believe that what we're doing,
25 what Senator Serino has been doing will go a long
2952
1 way here in the State of New York. We have to
2 put more resources, more dedication, more
3 thought. We need to listen to our constituents
4 and to the professionals throughout the State of
5 New York to try to bring a solution to this
6 painful, painful situation that we see in the
7 State of New York.
8 And we know that the State of
9 New York faces a large-population deer herd as
10 well as a major problem with ticks.
11 So I thank Senator Serino and you,
12 Mr. President, for allowing the resolution to be
13 heard today.
14 ACTING PRESIDENT AKSHAR: Thank
15 you, Senator Amedore.
16 Senator Marchione.
17 SENATOR MARCHIONE: Thank you,
18 Mr. President.
19 I rise also to thank Senator Hannon
20 and Senator Sue. I'm just -- I'm thrilled that
21 they put the time that they put into this issue.
22 You know, you go back home, any one
23 of us -- I have Columbia County, where we kind of
24 refer to it as Ground Zero for tick disease. And
25 it is such a serious issue for everyone.
2953
1 But you know, one of the brochures
2 that we got out talk about little boys 6 to 10 or
3 that age that are outside playing, they're the
4 most susceptible. That's a real scare. That's a
5 real scare to all of us, but certainly myself as
6 a grandmother who has four boys ranging between 6
7 and 10, you see them -- they're out in the woods,
8 they're playing -- just like we did, but now it's
9 dangerous.
10 I just -- I thank you, Sue, for all
11 of -- Senator Serino -- for all that you do, all
12 that you have been doing, the leadership that
13 you've given this issue.
14 And this package of bills is
15 terrific, spearheaded by you and by Senator
16 Hannon and all the efforts that have been put
17 into it. This is a critically important issue to
18 our districts and to the people we represent.
19 Thank you so much for that.
20 ACTING PRESIDENT AKSHAR: Thank
21 you, Senator Marchione.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Yes, this
24 resolution is open for cosponsorship. If you
25 want to cosponsor, please notify the desk.
2954
1 ACTING PRESIDENT AKSHAR: The
2 resolution is open for cosponsorship. If you'd
3 like to be a cosponsor, please notify the desk.
4 SENATOR DeFRANCISCO: All right.
5 On page 77, I offer the following amendments to
6 Calendar 1120, Senate Print 7949, by
7 Senator Serino, and ask that that bill retain its
8 place on the Third Reading Calendar.
9 ACTING PRESIDENT AKSHAR: The
10 amendments are received, and the bill shall
11 retain its place on the Third Reading Calendar.
12 SENATOR DeFRANCISCO: Now can we
13 take up previously adopted Resolution 4520, by
14 Senator Little, read it in its entirety, and call
15 on Senator Little to speak.
16 ACTING PRESIDENT AKSHAR: The
17 Secretary will read.
18 THE SECRETARY: Legislative
19 Resolution Number 4520, by Senator Little,
20 congratulating the Lake George Varsity Boys
21 Basketball Team and Head Coach Dave Jones upon
22 the occasion of capturing the New York State
23 Public High School Athletic Association Class C
24 Boys Basketball Championship.
25 "WHEREAS, Individual and team
2955
1 championships are highly sought after in high
2 school sports; this Legislative Body commends
3 rare athletic achievements and pays special
4 recognition to those who pursue such excellence
5 and become examples for the youth of this great
6 Empire State; and
7 "WHEREAS, Athletic competition helps
8 to enhance both the moral and physical
9 development of young athletes, preparing them for
10 the future by instilling in them the importance
11 of teamwork, encouraging a standard of healthy
12 living, and developing a sense of fair play and
13 competition; and
14 "WHEREAS, This Legislative Body is
15 justly proud to congratulate the Lake George
16 Varsity Boys Basketball Team and Head Coach
17 Dave Jones upon the occasion of capturing the
18 New York State Public High School Athletic
19 Association Class C Boys Basketball Championship;
20 to the praise and applause of their excited fans,
21 the Warriors defeated Northstar Christian Academy
22 in an exciting 66-65 victory to win their third
23 championship in six years on Saturday, March 17,
24 2018, at Floyd L. Maines Veterans Memorial Arena
25 in Binghamton, New York; and
2956
1 "WHEREAS, Proudly donning the
2 school's colors of blue and white, family,
3 friends, and the community at large loyally and
4 enthusiastically supported the Warriors
5 throughout their journey as they ended their
6 season with an impressive 28-0 overall record;
7 and
8 "WHEREAS, In a sport such as
9 basketball, which demands athletic prowess, speed
10 and agility, Head Coach Dave Jones and
11 Assistant Coach Tim Kissane worked hard to hone
12 the skills of this championship team, teaching
13 these outstanding athletes lessons which will
14 prove invaluable both on and off the court; and
15 "WHEREAS, Head Coach Dave Jones and
16 all of the outstanding athletes on the
17 Lake George Varsity Boys Basketball Team have
18 clearly utilized dedication, determination and
19 teamwork in providing a lasting contribution to
20 the spirit of excellence which is a tradition of
21 their school; now, therefore, be it
22 "RESOLVED, That this Legislative
23 Body pause in its deliberations to congratulate
24 the members of the Lake George Varsity Boys
25 Basketball team -- Jacab Helms, Connor Vidnansky,
2957
1 Alex Leonelli, Colin Leonelli, Kagen Helms,
2 Mike Johnson, Alex Jones, Daniel Pushor,
3 Mason Flatley, Nick Hoffis, Caleb Scrime, and
4 Chris Becker -- Head Coach Dave Jones and
5 Assistant Coach Tim Kissane upon the occasion of
6 capturing the New York State Public High School
7 Athletic Association Class C Boys Basketball
8 Championship; and be it further
9 "RESOLVED, That copies of this
10 resolution, suitably engrossed, be transmitted to
11 the members of the Lake George Varsity Boys
12 Basketball Team, Head Coach Dave Jones, and
13 Assistant Coach Tim Kissane."
14 ACTING PRESIDENT AKSHAR: Senator
15 Little on the resolution.
16 SENATOR LITTLE: Thank you,
17 Mr. President.
18 And let me say welcome back to the
19 Lake George Basketball Team. This is their
20 second time here in the Senate chamber receiving
21 recognition for a fantastic season and the
22 Class C State Championship.
23 On this team -- and in Lake George,
24 they are a very athletic school district, and
25 many sports and many achievements. And they've
2958
1 also had many individual stars. But this is a
2 team that really doesn't have a lot of individual
3 stars; they are all the stars. And every single
4 athlete here has participated and been a factor
5 in winning games. A 28 and 0 record is an
6 amazing achievement, because they go beyond and
7 they play teams above the Class C as well.
8 So I'm really happy to have them
9 here. And I'd like to do a little special
10 recognition of their coach, Dave Jones, who has
11 been the coach for many, many years but is
12 retiring this year. Dave Jones has had something
13 that I think most coaches would love to be and
14 have: he has had the ability to coach his three
15 sons and one daughter in sports at Lake George
16 High School. And that's a privilege that not
17 every coach gets, nor does every father get that.
18 So that's an award-winning thing all by itself.
19 Accompanying them today we also have
20 with us Kyle Manny, who is the director of
21 athletics; Blake White, who is also an assistant
22 coach; and Tara Sullivan, who does their
23 communications.
24 The whole community came out once
25 again for this team and celebrated. The parade
2959
1 was kind of stymied because of rain, but we
2 celebrated in the Lake George gymnasium, and it
3 was just a wonderful event where everybody got to
4 participate. And the thing they like to do the
5 most is cut down that net, so each and every one
6 of them got a chance to get up on the ladder and
7 cut down the net. So very, very exciting.
8 But my hat's off to this team.
9 There are some graduating seniors, but there are
10 some kids who just are there. You work hard, you
11 practice a lot, and you go out and give every
12 game your best. And I hope you continue to do
13 that throughout your life, whether it's in
14 basketball or work or family activities, whatever
15 and wherever. Always try to do your best as you
16 have in this season.
17 So thank you. And thank you,
18 Mr. President, for recognizing them.
19 ACTING PRESIDENT AKSHAR: Thank
20 you, Senator Little.
21 Coach Jones, your assistants, all
22 the athletes that are with us, we congratulate
23 you on behalf of all of your accomplishments. We
24 too welcome you to this great chamber, which is
25 your chamber.
2960
1 And I'd ask everybody in the
2 chamber, please rise and congratulate these fine
3 young men on their accomplishments.
4 (Standing ovation.)
5 ACTING PRESIDENT AKSHAR: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, that is
8 also open for cosponsorship. If you'd like to
9 cosponsor, please notify the desk.
10 ACTING PRESIDENT AKSHAR: The
11 resolution is open for cosponsorship. If you
12 want to be a cosponsor, please notify the desk.
13 SENATOR DeFRANCISCO: Can we now
14 take up the reading of the noncontroversial
15 calendar.
16 ACTING PRESIDENT AKSHAR: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 123, by Senator Robach, Senate Print 287, an act
20 to amend the Domestic Relations Law.
21 ACTING PRESIDENT AKSHAR: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT AKSHAR: Call the
2961
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AKSHAR: Senator
4 DeFrancisco, I'm sorry, you're just voting no or
5 you wish to be heard?
6 SENATOR DeFRANCISCO: (Gesturing.)
7 That's a no.
8 ACTING PRESIDENT AKSHAR: For which
9 one of my questions, sir?
10 (Laughter.)
11 SENATOR DeFRANCISCO: The first
12 one.
13 ACTING PRESIDENT AKSHAR: Got it.
14 Announce the result.
15 THE SECRETARY: Ayes, 59. Nays, 1.
16 Senator DeFrancisco recorded in the negative.
17 ACTING PRESIDENT AKSHAR: The bill
18 is passed.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: I just would
21 like to explain my no vote.
22 You know, this bill is a great bill
23 if it dealt with only the issue of whether or not
24 somebody was convicted of a rape. It seems to me
25 that's a no brainer. If you're convicted of a
2962
1 rape, you should not be -- of the person who bore
2 a child, you should certainly not be even
3 considered for custody or visitation and the
4 like.
5 But this is broader than that. It's
6 talking about an individual cannot even be
7 considered for visitation if the person is
8 charged with a crime.
9 There used to be a presumption of
10 innocence, there used to be innocent until proven
11 guilty. In the good old days, you were in a
12 trial and you weren't convicted until a jury said
13 you were.
14 And it just seems to me judges are
15 smart enough that if there's a risk to a child,
16 the judge who's determining visitation or custody
17 will be able to make that determination, and not
18 their hands being tied based on a law that says
19 you have to deny this to an individual custody or
20 visitation if there's even a charge.
21 So for that reason, I vote no. I
22 would vote yes if it was just for convictions.
23 Thank you.
24 ACTING PRESIDENT AKSHAR: Senator
25 DeFrancisco, you will be recorded in the
2963
1 negative.
2 Senator Stavisky to explain her
3 vote.
4 SENATOR STAVISKY: Yes, I'm going
5 to vote for the bill, but I also want to express
6 my concerns, somewhat along the lines of what
7 Senator DeFrancisco described.
8 There are situations where parents
9 who have been convicted of raping a woman get
10 custody of -- or visitation rights and custody of
11 the child. And I think that's an area of
12 tremendous concern, and I've had legislation on
13 this issue.
14 And I really wish that we would go a
15 lot deeper into this, make this an issue of
16 concern, work with the Assembly and try to come
17 up with some legislation that upon conviction,
18 that a parent can never get custody of the child
19 if the child is a victim of that rape.
20 Thank you, Mr. President.
21 ACTING PRESIDENT AKSHAR: Senator
22 Stavisky to be recorded in the affirmative.
23 Senator Krueger to explain her vote.
24 SENATOR KRUEGER: Thank you. I'm
25 going to vote no because I think I did misread
2964
1 the bill until it was explained by Senator
2 DeFrancisco.
3 I do believe this state needs to do
4 much more to protect victims of sexual assault
5 and rape, and there are many changes we should
6 make in our laws to do so. But I have to agree
7 with the Senator that we need to ensure due
8 process. And if someone has not been found
9 guilty as charged, it's a serious question why we
10 in the state should be explicit that they cannot
11 have visitation.
12 I share his view that judges are
13 capable of hearing arguments for and against
14 visitation on many levels. And if someone has
15 been accused but not yet found guilty or found
16 innocent of a charge, I think we have to be very
17 careful with overriding due process in our
18 diligence to try to protect children.
19 So I'm also voting no. Thank you,
20 Mr. President.
21 ACTING PRESIDENT AKSHAR: Senator
22 Krueger to be recorded in the negative.
23 Announce the result.
24 THE SECRETARY: In relation to
25 Calendar 123, those recorded in the negative are
2965
1 Senators DeFrancisco, Krueger and Montgomery.
2 Ayes, 57. Nays, 3.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 186, by Senator Serrano, Senate Print 3052, an
7 act to amend the General City Law.
8 ACTING PRESIDENT AKSHAR: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT AKSHAR: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT AKSHAR: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 607, by Senator Murphy, Senate Print 5580B, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT AKSHAR: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT AKSHAR: Call the
2966
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AKSHAR: Announce
4 the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT AKSHAR: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 680, by Senator LaValle, Senate Print 5558, an
10 act authorizing.
11 ACTING PRESIDENT AKSHAR: There is
12 a home-rule message at the desk.
13 The Secretary will read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT AKSHAR: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT AKSHAR: Announce
24 the results.
25 THE SECRETARY: Ayes, 60.
2967
1 ACTING PRESIDENT AKSHAR: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 746, by Senator Brooks, Senate Print 7399A, an
5 act to authorize.
6 ACTING PRESIDENT AKSHAR: There is
7 a home-rule message at the desk.
8 The Secretary will read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT AKSHAR: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT AKSHAR: Announce
16 the results.
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT AKSHAR: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 768, by Senator Ortt, Senate Print 7827, an act
22 to amend the Highway Law.
23 ACTING PRESIDENT AKSHAR: Read the
24 last section.
25 THE SECRETARY: Section 3. This
2968
1 act shall take effect immediately.
2 ACTING PRESIDENT AKSHAR: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT AKSHAR: Announce
6 the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT AKSHAR: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 813, by Senator Helming, Senate Print 7935A, an
12 act to amend the Uniform Justice Court Act.
13 ACTING PRESIDENT AKSHAR: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT AKSHAR: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT AKSHAR: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2969
1 897, by Senator Golden, Senate Print 5686A, an
2 act to authorize.
3 ACTING PRESIDENT AKSHAR: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT AKSHAR: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT AKSHAR: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 950, substituted earlier by Member of the
17 Assembly Magnarelli, Assembly Print 10347, an act
18 to amend Chapter 62 of the Laws of 2003.
19 ACTING PRESIDENT AKSHAR: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll.
25 (The Secretary called the roll.)
2970
1 ACTING PRESIDENT AKSHAR: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 956, by Senator Young, Senate Print 6883, an act
8 to amend the Highway Law.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 972, substituted earlier by Member of the
23 Assembly Lentol, Assembly Print 9728, an act to
24 amend Chapter 548 of the Laws of 2004.
25 ACTING PRESIDENT AKSHAR: Read the
2971
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT AKSHAR: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT AKSHAR: Announce
8 the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT AKSHAR: That bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1029, by Senator Helming, Senate Print 6638, an
14 act to amend the Workers' Compensation Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Senator
23 Krueger to explain her vote.
24 SENATOR KRUEGER: Thank you,
25 Mr. President.
2972
1 I'm voting no. It's possible that
2 expanding the universe of investments for the
3 State Insurance Fund might offer no risk, but the
4 fact is the mix that we allow now clearly is
5 working for us, because our State Insurance Fund
6 has actually been quite healthy and even had
7 surpluses.
8 And so it's not an across-the-board
9 why would you be opposed to alternative
10 investments that might have higher risk but still
11 be recognized by -- I think in the memo Moody's
12 was the example.
13 So I remember the 2008 period when
14 we learned that the well-respected rating
15 agencies -- Moody's, Standard & Poor's -- were in
16 fact misleading the public because they're hired
17 by the companies who they rate. And that's just
18 a fundamental flaw in that model.
19 So I actually think if it's not
20 broke, don't fix it. And we ought to keep the
21 mix of investments as is, because clearly it's
22 working for us now. So I vote no.
23 Thank you, Mr. President.
24 ACTING PRESIDENT AKSHAR: Senator
25 Krueger to be recorded in the negative.
2973
1 Announce the result.
2 THE SECRETARY: Ayes, 59. Nays, 1.
3 Senator Krueger recorded in the negative.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1146, by Senator Serino, Senate Print 2588, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT AKSHAR: That bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1148, by Senator LaValle, Senate Print 3816, an
23 act authorizing.
24 ACTING PRESIDENT AKSHAR: Read the
25 last section.
2974
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT AKSHAR: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AKSHAR: Announce
7 the results.
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT AKSHAR: That bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1149, by Senator Ranzenhofer, Senate Print 3880,
13 an act to amend the Environmental Conservation
14 Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Announce
23 the results.
24 THE SECRETARY: Ayes, 58. Nays, 2.
25 Senators Krueger and Serrano recorded in the
2975
1 negative.
2 ACTING PRESIDENT AKSHAR: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1150, by Senator Hannon, Senate Print 6926, an
6 act to amend the Public Health Law.
7 ACTING PRESIDENT AKSHAR: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT AKSHAR: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT AKSHAR: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1151, by Senator Serino, Senate Print 7168, an
19 act to amend the Public Health Law.
20 ACTING PRESIDENT AKSHAR: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT AKSHAR: Call the
25 roll.
2976
1 (The Secretary called the roll.)
2 ACTING PRESIDENT AKSHAR: Announce
3 the results.
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT AKSHAR: That bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1152, by Senator Serino, Senate Print 7169, an
9 act to amend the Public Health Law.
10 ACTING PRESIDENT AKSHAR: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT AKSHAR: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT AKSHAR: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1153, by Senator Serino, Senate Print 7208, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT AKSHAR: Read the
24 last section.
25 THE SECRETARY: Section 2. This
2977
1 act shall take effect immediately.
2 ACTING PRESIDENT AKSHAR: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT AKSHAR: Announce
6 the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT AKSHAR: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1154, by Senator Serino, Senate Print 7242, an
12 act to amend the Parks, Recreation and Historic
13 Preservation Law.
14 ACTING PRESIDENT AKSHAR: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT AKSHAR: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AKSHAR: Announce
22 the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT AKSHAR: The bill
25 is passed.
2978
1 THE SECRETARY: Calendar Number
2 1156, by Senator Serino, Senate Print 8534, an
3 act to amend the Education Law.
4 ACTING PRESIDENT AKSHAR: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT AKSHAR: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AKSHAR: Announce
12 the results.
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT AKSHAR: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1157, by Senator Serino, Senate Print 8539, an
18 act directing.
19 ACTING PRESIDENT AKSHAR: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll.
25 (The Secretary called the roll.)
2979
1 ACTING PRESIDENT AKSHAR: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: Would you
8 please recognize Senator Savino for a brief
9 introduction.
10 ACTING PRESIDENT AKSHAR: Senator
11 Savino.
12 SENATOR SAVINO: Thank you,
13 Mr. President.
14 I rise to offer welcome to a group
15 of young students from my district. They have
16 just arrived from I.S. 303, the Student
17 Government Group and Liberty Kiwanis Builders
18 Club. And they are accompanied by their teachers
19 Michael Young and Mario Caggiano.
20 So we welcome you to the Senate
21 chamber. We hope that you learned something here
22 today, and we hope that you will enjoy your time
23 in Albany and take part in learning what goes on
24 here in state government. We look forward to
25 having you here, and welcome to the Senate.
2980
1 ACTING PRESIDENT AKSHAR: We
2 welcome you all to the Senate. We extend all the
3 privileges and the courtesies of this great
4 house. We hope you enjoy your visit today.
5 Let's give them a round of applause,
6 ladies and gentlemen.
7 (Applause.)
8 ACTING PRESIDENT AKSHAR: Senator
9 DeFrancisco, I made a mistake up here. We
10 completed the reading of the noncontroversial
11 calendar.
12 SENATOR DeFRANCISCO: Yes, I had
13 recognized that. Thank you.
14 ACTING PRESIDENT AKSHAR: You're
15 welcome.
16 SENATOR DeFRANCISCO: Is there any
17 further business at the desk?
18 ACTING PRESIDENT AKSHAR: There is
19 no further business at the desk.
20 SENATOR DeFRANCISCO: In that case,
21 I move to adjourn until Tuesday, May 22nd, at
22 3:00 p.m., intervening days being legislative
23 days.
24 ACTING PRESIDENT AKSHAR: On
25 motion, the Senate stands adjourned until
2981
1 Tuesday, May 22nd, at 3:00 p.m., intervening days
2 being legislative days.
3 (Whereupon, at 12:11 p.m., the
4 Senate adjourned.)
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