Regular Session - June 5, 2018

                                                                   3238

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 5, 2018

11                     12:29 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3239

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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.  

 4                I ask everyone present to please 

 5   rise and join with me in repeating the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                THE PRESIDENT:   In the absence of 

10   clergy, may we bow our heads in a moment of 

11   silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                THE PRESIDENT:   Thank you.  

15                The reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   June 4th, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, June 3rd, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                THE PRESIDENT:   Without objection, 

22   the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                The Secretary will read.


                                                               3240

 1                THE SECRETARY:   On page 43, 

 2   Senator Golden moves to discharge, from the 

 3   Committee on Civil Service and Pensions, 

 4   Assembly Bill Number 8006 and substitute it for 

 5   the identical Senate Bill 5815, Third Reading 

 6   Calendar 745.

 7                On page 69, Senator Larkin moves to 

 8   discharge, from the Committee on Corporations, 

 9   Authorities and Commissions, Assembly Bill 

10   Number 10452 and substitute it for the identical 

11   Senate Bill 8296, Third Reading Calendar 1250.

12                On page 78, Senator Tedisco moves 

13   to discharge, from the Committee on Finance, 

14   Assembly Bill Number 9579A and substitute it for 

15   the identical Senate Bill 7657, Third Reading 

16   Calendar 1344.

17                On page 78, Senator Flanagan moves 

18   to discharge, from the Committee on Finance, 

19   Assembly Bill Number 10130 and substitute it for 

20   the identical Senate Bill 8125, Third Reading 

21   Calendar 1347.

22                On page 78, Senator Golden moves to 

23   discharge, from the Committee on Finance, 

24   Assembly Bill Number 10606 and substitute it for 

25   the identical Senate Bill 8498, Third Reading 


                                                               3241

 1   Calendar 1350.  

 2                And on page 81, Senator Flanagan 

 3   moves to discharge, from the Committee on 

 4   Finance, Assembly Bill Number 10131 and 

 5   substitute it for the identical Senate Bill 

 6   8126, Third Reading Calendar 1379.

 7                THE PRESIDENT:   So ordered.

 8                Messages from the Governor.

 9                The Secretary will read.

10                THE SECRETARY:   The Governor 

11   returned without executive approval Senate Bill 

12   Number 700B, Veto Number 263, by Senator 

13   Carlucci, an act to amend the Education Law in 

14   relation to full-day kindergarten.

15                THE PRESIDENT:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   I move to 

18   lay said bill on the table as vetoed by the 

19   Governor.

20                THE PRESIDENT:   So ordered.

21                Reports of standing committees.

22                Reports of select committees.

23                Communications and reports from 

24   state officers.

25                Motions and resolutions.  


                                                               3242

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Madam 

 3   President, I move to take from the table Senate 

 4   Bill 700B, by Senator Carlucci, as vetoed by the 

 5   Governor.

 6                THE PRESIDENT:   So ordered.

 7                SENATOR DeFRANCISCO:   I now move to 

 8   override the Governor's veto of said bill.

 9                (Pause.)

10                THE PRESIDENT:   Senator 

11   DeFrancisco, why do you rise?

12                SENATOR DeFRANCISCO:   Yeah, I would 

13   request the Secretary to read the bill that we 

14   would like to vote on.

15                THE PRESIDENT:   The Secretary will 

16   read.

17                THE SECRETARY:   Veto Number 263, by 

18   Senator Carlucci, Senate Print 700B, an act to 

19   amend the Education Law.

20                THE PRESIDENT:   The bill is before 

21   the house.

22                (Cross-talk.)

23                THE PRESIDENT:   Senators --

24                SENATOR DeFRANCISCO:   Yes, it's 

25   Senator Carlucci's bill, I'm sure he could give a 


                                                               3243

 1   wonderful explanation of it.

 2                THE PRESIDENT:   Senator Carlucci.

 3                SENATOR CARLUCCI:   Yes, thank you, 

 4   Madam President.  

 5                This legislation is pretty simple.  

 6   What it does is encourages districts to offer 

 7   full-day kindergarten across the State of 

 8   New York, something that unfortunately in 

 9   New York State we don't mandate kindergarten, 

10   which is a real shame.  And unfortunately, there 

11   are still a few districts left in the State of 

12   New York that don't offer full-day kindergarten.  

13                The intent of this legislation is to 

14   really entice and incentivize districts to offer 

15   full-day kindergarten throughout the state.  It 

16   would expand the kindergarten Transition Aid from 

17   currently what's in statute from one year -- in 

18   the budget we were able to move forward with 

19   three years.  What this legislation does is phase 

20   it out over a five-year period.  

21                So on the fifth year, instead of 

22   getting that 100 percent of Transition Aid, you 

23   would have been whittled down to 20 percent.  So 

24   80 percent on Year 2; 60 percent, Year 3; 

25   40 percent on Year 4; and then 20 percent on 


                                                               3244

 1   Year 5.  

 2                So we're hopeful that every district 

 3   in the State of New York will offer full-day 

 4   kindergarten.  So I'd like to see this 

 5   legislation passed.  

 6                Thank you.

 7                THE PRESIDENT:   Senator Funke on 

 8   the question.

 9                SENATOR FUNKE:   Thank you, Madam 

10   President.  

11                I just want to thank Senator 

12   Carlucci for this legislation.  Which, by the 

13   way, passed both houses unanimously, in the 

14   Assembly and the Senate.  And to have five years 

15   in place for full-day-K is critical for the five 

16   school districts without full-day kindergarten 

17   right now.  

18                Many are in a unique position, with 

19   the 2 percent tax cap, to break through that and 

20   have the necessary funding for full-day 

21   kindergarten.  And we have found out, as Senator 

22   Carlucci has pointed out many times, that 

23   children are falling behind in the classroom with 

24   the new standards.  

25                So I want to again thank Senator 


                                                               3245

 1   Carlucci for this legislation.  And, you know, 

 2   the districts are having trouble financially 

 3   catching up, and this will go a long way toward 

 4   helping that situation.  Again, this has passed 

 5   both houses unanimously, and I'm looking forward 

 6   to the override here.

 7                Thank you, Madam President.

 8                THE PRESIDENT:   The Secretary will 

 9   read the last section.

10                (Pause.)

11                SENATOR DeFRANCISCO:   Madam 

12   President, I believe it's time for a vote on a 

13   veto override.  And we just need the direction 

14   that the bill become law notwithstanding the veto 

15   of the Governor, and then read the last section, 

16   so everyone who voted unanimously for this bill 

17   can now vote whatever way they want to override 

18   the veto.  So we just need that direction from 

19   the chair.

20                THE PRESIDENT:   Senator 

21   DeFrancisco, I'm well aware that you're looking 

22   for that direction from the chair, and I'm not 

23   prepared to give it at this particular moment.

24                SENATOR DeFRANCISCO:   Well, I'm not 

25   quite sure -- under what rule do you rely on to 


                                                               3246

 1   basically do what you want to do rather than what 

 2   the rules provide?

 3                THE PRESIDENT:   I am prepared to 

 4   take this up at a later time.

 5                SENATOR DeFRANCISCO:   Well, this is 

 6   the time to take it up, because this bill is 

 7   before the house.  It's a bill of Senator 

 8   Carlucci, sponsored by bipartisan sponsorship, 

 9   and everyone voted for it.  We would like that to 

10   be announced at this point in time.  Or, if you 

11   choose not to, we could have a member of the 

12   Senate take the chair to give that direction, 

13   which is required by the rules.

14                THE PRESIDENT:   I understand, 

15   Senator.  I'm just going to review it one more 

16   time before I take the steps you are requesting.

17                (Pause.)

18                THE PRESIDENT:   Senators, ought the 

19   same become law notwithstanding the veto of the 

20   Governor?  

21                The Secretary will read the last 

22   section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                THE PRESIDENT:   The Secretary will 


                                                               3247

 1   call the roll.

 2                (The Secretary called the roll.)

 3                THE PRESIDENT:   The Secretary will 

 4   announce the results.

 5                THE SECRETARY:   Ayes, 61.

 6                THE PRESIDENT:   The motion to 

 7   override the Governor's veto is carried.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Thank you, 

10   Madam President.  

11                Can we now -- I now move to adopt 

12   the Resolution Calendar, with the exception of 

13   Resolutions 5528 and 5501.

14                THE PRESIDENT:   All in favor of 

15   adopting the Resolution Calendar, with the 

16   exception of Resolutions 5528 and 5501, signify 

17   by saying aye.

18                (Response of "Aye.")

19                THE PRESIDENT:   Opposed, nay.

20                (No response.)

21                THE PRESIDENT:   The Resolution 

22   Calendar is adopted.

23                Mr. Floor Leader.

24                SENATOR DeFRANCISCO:   Yes, Madam 

25   President, can we now take up previously adopted 


                                                               3248

 1   Resolution 5267, by Senator Akshar, read it in 

 2   its entirety, and call on Senator Akshar to 

 3   speak.

 4                THE PRESIDENT:   The Secretary will 

 5   read.

 6                SENATOR DeFRANCISCO:   Title -- 

 7   excuse me, title only.

 8                THE PRESIDENT:   The Secretary will 

 9   read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 5267, by Senator Akshar, 

12   celebrating the life of Cooper DeLello Busch, a 

13   beloved little boy who changed the lives of so 

14   many people for the better.

15                THE PRESIDENT:   Senator Akshar.

16                SENATOR AKSHAR:   Madam President, 

17   thank you very much for your indulgence.  

18                I rise --

19                SENATOR FLANAGAN:   Madam President, 

20   I want it quiet.  

21                If people have conversations, take 

22   them outside.

23                SENATOR AKSHAR:   Thank you, Senator 

24   Flanagan.  

25                I rise this afternoon because I have 


                                                               3249

 1   the distinct honor to celebrate the life of a 

 2   beautiful young boy, 4-year-old Cooper DeLello 

 3   Busch, a young boy who has certainly changed the 

 4   lives of many.  

 5                I carry a prayer card with me, it 

 6   has a picture of Cooper on it.  And on the back, 

 7   if you'll indulge me, it says:  Sometimes God 

 8   picks a flower that's still in bloom.  Sometimes 

 9   the flower that is chosen, we feel He's picked 

10   too soon.  We're at peace knowing, in God's 

11   heavenly garden, He has placed the ones we 

12   treasure.  You have changed our lives forever.

13                I told many of you several weeks ago 

14   that Cooper Busch joined the angels in heaven on 

15   May 6th.  

16                I had the honor of getting to know 

17   the Busch family over the last year or so.  I 

18   would describe Cooper to all of you as a young 

19   boy who had an infectious smile.  He had a 

20   resounding laugh and a spirit that touched the 

21   souls of so many people.

22                And Steve, who is with us, Cooper's 

23   father, I had a chance to speak to him several 

24   times in the waning hours of Cooper's life.  And 

25   I told you that undoubtedly Cooper changed the 


                                                               3250

 1   lives of people for the better.

 2                And through Cooper's entire battle, 

 3   I think you would all agree that our community 

 4   came together to rally behind Cooper and to rally 

 5   behind your entire family.  And during that 

 6   time -- this really comes at a really important 

 7   time for all of us in this room -- we reminded 

 8   each other what was truly important.  

 9                Cooper's mom, Tara, she's with us as 

10   well, you're the first one to say that Cooper 

11   bravely fought his battle with cancer.  He showed 

12   astounding strength and he showed fearless 

13   courage.  

14                Tara also told us, on the passing of 

15   her son, that Cooper would no longer suffer.  

16   Tara, for that I am thankful.  

17                But as I said earlier, I want you to 

18   please know, all of you that are with us, that 

19   the people in our community back at home and the 

20   people in this chamber, regardless of our 

21   political persuasion, regardless of our 

22   disagreement, we all want you to know that we 

23   stand with you today and we send our deepest 

24   condolences.  We walk with you and we grieve with 

25   you.  


                                                               3251

 1                So we can sit here and ask ourselves 

 2   why.  Right?  Why would the good Lord take a 

 3   precious soul?  Why did he have to suffer through 

 4   his battle with cancer?  Or we could look through 

 5   the eyes of 4-year-old Cooper.  Cooper would want 

 6   us to thank the good Lord for allowing us to 

 7   share in his company.  He would want us to thank 

 8   the good Lord for allowing us to see all of the 

 9   light and love that he had.  

10                And we should learn from Cooper that 

11   no matter the trouble, no matter the adversity we 

12   may face, we have the ability to choose 

13   happiness.  We have the ability to smile, to 

14   love, to laugh.  At the end of the day, that's 

15   exactly what Cooper did during his four years on 

16   this earth.

17                So Cooper, I say this.  As you play 

18   in heaven and you look down on us today -- your 

19   mom and your dad and your grandma, your brother, 

20   your little sister Hope, who's sleeping over 

21   here -- I want to say thank you for personally 

22   helping me and reminding me what's truly 

23   important in life.  And who would have thought 

24   that a beautiful lesson like that would have come 

25   from a 4-year-old boy.  


                                                               3252

 1                So to Steve, to Tara, to Cole, to 

 2   Hope, to Maria, the rest of your family, wherever 

 3   they may be throughout this state or throughout 

 4   this nation, on behalf of everybody in this room, 

 5   sitting and standing, I send my deepest 

 6   condolences.  And I pray that God will continue 

 7   to give you the strength that you need to deal 

 8   with the loss of your son.

 9                And as I said several weeks ago, 

10   Cooper, fly as high as you possibly can, because 

11   you are a beautiful angel in heaven now.

12                Madam President, thank you.

13                THE PRESIDENT:   Thank you, Senator.  

14   And thank you for those heartwarming remarks.  

15                And truly to the family, on behalf 

16   of the people of the State of New York, we thank 

17   you for having the gift of a child whose story 

18   will now inspire other families who have to cope 

19   with similar tragedies.  

20                So I want to thank you for having 

21   the courage to be here today.  As a parent, I 

22   know it must be very difficult.  But little Hope 

23   will grow up knowing her brother's story of how 

24   he touched the lives of so many.  Thank you very 

25   much.  


                                                               3253

 1                Floor Leader.

 2                SENATOR DeFRANCISCO:   Madam 

 3   President, this resolution is open for 

 4   cosponsorship.  If anyone would like to 

 5   cosponsor, they should notify the desk.

 6                (Standing ovation.)

 7                THE PRESIDENT:   The resolution is 

 8   open for cosponsorship.  If you'd like to be a 

 9   cosponsor, please notify the desk.

10                Mr. Floor Leader.

11                SENATOR DeFRANCISCO:   Madam 

12   President, could you please take up 

13   Resolution 5528, by Senator Griffo, have it read 

14   in its entirety, and call on Senator Griffo to 

15   speak.

16                THE PRESIDENT:   The Secretary will 

17   read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 5528, by Senator Griffo, 

20   commemorating the 25th Anniversary of the 

21   Gaming Compact between the Oneida Indian Nation 

22   and the State of New York.

23                "WHEREAS, Oneida Indian Nation 

24   sovereignty is enshrined in state and federal law  

25   and retains inalienable rights and privileges of 


                                                               3254

 1   self-governance; and 

 2                "WHEREAS, Oneida Indian Nation was 

 3   America's first ally and the first Indian Nation 

 4   to fight alongside American soldiers in the 

 5   Revolutionary War, and its members have served in 

 6   the armed forces in every war since; and 

 7                "WHEREAS, In 1993, New York State 

 8   and Oneida Indian Nation created history by 

 9   signing a gaming compact in hopes of creating a 

10   successful economic model for the Oneida people 

11   and for upstate New Yorkers; and 

12                "WHEREAS, Former New York Governor 

13   Mario Cuomo defined Oneida Indian Nation as a  

14   'rare model of economic success and 

15   collaboration, during an era of economic turmoil 

16   and divisiveness'; and 

17                "WHEREAS, Oneida Indian Nation has 

18   diligently worked to support a culture of 

19   civility and respect that has led to state-tribal 

20   relations that are a national model in Indian 

21   Country and that led to the historic 2013 

22   settlement between the tribe, Oneida County, 

23   Madison County, and New York State; and 

24                "WHEREAS, The 2013 settlement ended 

25   all legal disputes between the Oneida Nation, 


                                                               3255

 1   state, and local governments, and has created a 

 2   new era of collaboration and shared prosperity 

 3   for the Mohawk Valley; and 

 4                "WHEREAS, Oneida Indian Nation 

 5   enterprises have generated critical revenues for 

 6   infrastructure, education, healthcare, social 

 7   services and other public priorities, both for 

 8   the Oneida people and for surrounding communities 

 9   in Central New York; and 

10                "WHEREAS, Oneida Indian Nation's 

11   eternal commitment to its sacred homelands has 

12   been illustrated by its unwavering commitment to 

13   reinvesting resources in the local economy and 

14   local businesses, rather than siphoning resources 

15   out of New York State; and 

16                "WHEREAS, Oneida Indian Nation 

17   enterprises were projected in 1993 to create 

18   1,400 jobs but have surpassed those projections, 

19   now directly creating 4,500 jobs and supporting 

20   thousands more throughout the region; and 

21                "WHEREAS, Oneida Indian Nation is 

22   now the largest employer in Oneida and Madison 

23   County, and the fifth largest employer in the 

24   16 counties that make up Central New York; and 

25                "WHEREAS, Oneida Indian Nation is a 


                                                               3256

 1   national leader in Indian Country, and has used 

 2   its prominence to promote economic development 

 3   initiatives, fight for stronger civil rights and 

 4   environmental protections, speak out against 

 5   those who seek to demonize people of color, and 

 6   work with New York legislators to unanimously 

 7   pass a resolution in 2014 calling for the end of 

 8   Native-American-themed mascots; now, therefore, 

 9   be it 

10                "RESOLVED, That this Legislative 

11   Body pause in its deliberations to commemorate 

12   the 25th Anniversary of the Gaming Compact 

13   between the Oneida Indian Nation and the State of 

14   New York; and be it further 

15                "RESOLVED, That this Legislative 

16   Body pauses further to encourage New Yorkers to 

17   look to the Oneida Indian Nation's deportment, 

18   business and tribal government success and record 

19   of community investment as an exemplary model for 

20   other businesses and communities to follow; and 

21   be it further 

22                "RESOLVED, That a copy of this  

23   resolution, suitably engrossed, be transmitted to 

24   the Oneida Indian Nation."

25                THE PRESIDENT:   Senator Griffo.


                                                               3257

 1                SENATOR GRIFFO:   Thank you, Madam 

 2   President.  

 3                I'd like to say it's my pleasure 

 4   today to introduce some of the guests we have 

 5   here from the Oneida Nation.  

 6                I first would like to introduce the 

 7   Oneida Nation representative and CEO of Nation 

 8   Enterprises, Mr. Ray Halbritter.  Also with him 

 9   we have Oneida Nation Councilmembers Chuck 

10   Fougnier, of the Wolf Clan; Brian Patterson, of 

11   the Bear Clan; and Dale Rood, of the Turtle Clan.  

12                I want to thank them for being here 

13   today as we have this resolution, which 

14   commemorates the 25th anniversary of the Oneida 

15   Nation's Gaming Compact with the State of 

16   New York.  

17                The Oneida Nation original homelands 

18   consisted of over 6 million -- 6 million -- acres 

19   that stretched from the St. Lawrence River to the 

20   Susquehanna River, and it has had a rich history 

21   throughout our country's history and our 

22   continent's history.  Nation villages have 

23   thrived throughout Oneida and Madison County.  

24                In 1794, after victory over the 

25   British and the many hardships that the Oneidas 


                                                               3258

 1   had endured, thanks to President Washington they 

 2   would sign the Treaty of Canandaigua, which 

 3   recognized the Oneidas as a sovereign entity.  

 4   And that treaty guaranteed over 300,000 acres.  

 5                And they faced many charges 

 6   throughout the years.  But as a result of 

 7   determination and commitment to their homeland 

 8   and to Central New York, and through the 

 9   leadership of Mr. Halbritter and the clan members 

10   here today, they have made significant 

11   accomplishments and successes over the many years 

12   that we have talked about through the resolution.

13                I just want to be thankful and 

14   express our gratitude for their reinvestment, for 

15   their commitment to Central New York.  Over 

16   4600 people employed at a time of fiscal 

17   challenge.  We were able to look to a partnership 

18   with the Oneidas in creating jobs, not only in 

19   the Turning Stone Casino and the Yellow Brick 

20   Road and the Maple Leaf Market chains that they 

21   have, but in all other areas, where they have not 

22   only been extraordinary employers, but also very 

23   philanthropic, very involved in all aspects of 

24   our community, trying to make a difference and 

25   bettering the quality of life.


                                                               3259

 1                So for that strong commitment to not 

 2   only its members but to the region and to the 

 3   state as a whole for that continuing reinvestment 

 4   in Central New York, in the State of New York, 

 5   today we are proud to have you all here to 

 6   acknowledge that success, to acknowledge your 

 7   concern, your commitment to not only the Oneidas 

 8   but to all of the area that you call home.  

 9                We appreciate your leadership, your 

10   philanthropic concern for the communities that 

11   surround you, and for your continued commitment, 

12   and we look forward to many more years of 

13   partnership.  So congratulations.  

14                Madam President, I would ask that 

15   you extend the courtesies and the privileges of 

16   the house to the guests from the Oneidas here 

17   today.

18                THE PRESIDENT:   Senator Valesky.

19                SENATOR VALESKY:   Thank you, Madam 

20   President.

21                Senator Griffo, thank you for 

22   bringing this resolution to the floor today.  

23   Senator Flanagan, thank you as well for allowing 

24   us to have a few moments, as we begin our 

25   deliberations, to congratulate our friends from 


                                                               3260

 1   Central New York.  

 2                Oneida Nation leader Ray Halbritter, 

 3   members of the Men's Council, thank you for being 

 4   here.  Thank you for the tremendous leadership 

 5   and work that you do back home in Central 

 6   New York.

 7                I want to add some comments to those 

 8   of Senator Griffo's.  Not only do we acknowledge 

 9   the 25th anniversary of the signing of the 

10   Gaming Compact, but this year actually marks the 

11   fifth anniversary of the signing of in many ways 

12   an even more important compact -- not only the 

13   signing, but the ratification by this 

14   State Legislature.  Five years ago, under the 

15   leadership of Mr. Halbritter, Governor Cuomo, the 

16   county executive in Oneida County and the 

17   chairman of the Board of Supervisors in Madison 

18   County coming together to negotiate a 

19   comprehensive end to some extremely divisive 

20   issues in both Madison and Oneida counties that 

21   had extended for far too long.  

22                And if not for the visionary 

23   leadership of those individuals that I just 

24   acknowledged, we may not be here in this position 

25   that we are today.  And we certainly would not 


                                                               3261

 1   have the kind of economic success and true spirit 

 2   of partnership that we now have back home in 

 3   Central New York.

 4                So congratulations not only to 

 5   25 years but also to five years on the signing of 

 6   that compact.

 7                Thank you.

 8                THE PRESIDENT:   Thank you, Senator.

 9                Senator Kennedy.

10                SENATOR KENNEDY:   Thank you, Madam 

11   President.  

12                I too rise to congratulate the 

13   Oneida Nation on 25 years this anniversary.  And 

14   it's something that we should celebrate.  A great 

15   welcome to you to this auspicious chamber, Ray 

16   Halbritter as leader, councilors, and others.  I 

17   want to congratulate Senator Griffo for bringing 

18   this to the floor.

19                This is something that we should all 

20   take to heart, the Oneida Nation, the tremendous 

21   relationship that they have had and continue to 

22   have with the great State of New York, as one of 

23   six members of the original Iroquois Nation.  

24                Out in Western New York and Buffalo, 

25   we often celebrate the relationship we have with 


                                                               3262

 1   the Seneca Nation.  I live on the original 

 2   Buffalo Creek territory.  We have a history not 

 3   only in Western New York and in Central New York 

 4   and across this great state, but across this 

 5   nation, that is not always a good history, that 

 6   quite frankly has been built in blood and in 

 7   tears in many instances.  

 8                We stand on the shoulders of those 

 9   that have come before us in our own ethnicities.  

10   But all of us are here in this great United 

11   States of America following the original 

12   inhabitants, the original natives.  And it's 

13   absolutely incumbent and imperative that we take 

14   that into consideration in the decisions that we 

15   make here in this chamber, across the hall, and 

16   as a state government.

17                We thank you for your continued work 

18   with our state government, with our national 

19   leaders as well.  I know that you have taken it 

20   upon you, Mr. Halbritter, as a leader in this 

21   nation to eradicate the racism that has plagued 

22   us as a nation.  And you have made great strides, 

23   but our work continues.  We are with you in that 

24   fight.  We look forward to our continued work 

25   together.  


                                                               3263

 1                Today we celebrate 25 years.  Here's 

 2   to 25 more, seven generations ahead of us, and 

 3   many, many more years, decades, centuries and 

 4   generations to come of peace, tranquillity, 

 5   partnership and work together as we forge our 

 6   future.

 7                Thank you, Madam President.

 8                THE PRESIDENT:   Thank you, Senator.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes, thank 

11   you, Madam President.

12                I've known these gentlemen longer 

13   than the casino was being thought of.  And back 

14   in those days, it was -- they were not good days 

15   for a lot of people in Central New York.  Jobs 

16   were down, people were trying to figure out how 

17   to feed their families with decent jobs and 

18   economic activity.  And Ray Halbritter, the 

19   leader, and these fine gentlemen that I've known 

20   forever took a risk, an incredible risk, and 

21   showed the initiative to make something amazing 

22   happen, which we all are now benefiting from.  

23                And each year there's something 

24   else.  It's not like they're just standing still 

25   and hoping that the world will still be the same.  


                                                               3264

 1   They're making changes, they're making 

 2   advancements in order to make sure that this 

 3   economic engine is going to continue as long as 

 4   we're around, anyway, and probably many, many 

 5   years thereafter.

 6                So I rise and congratulate the 

 7   Oneida Nation, Leader Halbritter, and Brian 

 8   Patterson and Chuck Fougnier and Dale Rood, all 

 9   of you for what you've done and all the members 

10   of the board as well as the Oneida Nation.

11                So congratulations.  Many, many more 

12   great years to come.

13                THE PRESIDENT:   Thank you, Senator.

14                I also want to extend my 

15   congratulations on behalf of the people of the 

16   State of New York for a spectacular 25 years of 

17   collaboration.  

18                But of course this builds on a long, 

19   long history as the precursors to many of us 

20   coming to this country, and our ancestors.  So 

21   thank you for being an important part of New York 

22   State's story.

23                The question is on the resolution. 

24   All those in favor signify by saying aye.

25                (Response of "Aye.")


                                                               3265

 1                THE PRESIDENT:   Opposed?  

 2                (No response.)

 3                THE PRESIDENT:   The resolution is 

 4   adopted.

 5                Mr. Floor Leader.

 6                SENATOR DeFRANCISCO:   Yes, this 

 7   resolution also is open for cosponsorship.  If 

 8   you wish to cosponsor, please notify the desk.

 9                THE PRESIDENT:   The resolution is 

10   opened up for cosponsorship.  So if you'd like to 

11   be a cosponsor, please notify the desk.

12                (Standing ovation.)

13                THE PRESIDENT:   Mr. Floor Leader.

14                SENATOR DeFRANCISCO:   Would you 

15   please now recognize Senator Sepúlveda for an 

16   introduction.

17                THE PRESIDENT:   Senator Sepúlveda.

18                SENATOR SEPÚLVEDA:   Thank you, 

19   Madam Speaker, for allowing me the time to make 

20   this introduction.

21                Next week myself, Senator Savino, 

22   Senator Griffo, Senator Alcantara will be 

23   proffering a resolution celebrating and 

24   commemorating Russian Heritage Month.  

25                Today we are joined by several 


                                                               3266

 1   members of the Russian American community.  We 

 2   have with us Marina Kovalyov, who is the 

 3   president and cofounder of the Russian American 

 4   Foundation, which is an organization whose goal 

 5   is to build a bridge between the United States 

 6   and former Soviet countries through art, cultural 

 7   initiatives, and youth programming.

 8                Today we are also joined by former 

 9   soldiers who fought alongside our Allied forces 

10   in World War II.  They're up there, standing up 

11   there.  Please, gentlemen.  

12                We're also joined by Ekaterina 

13   Kotrikadze, who's the editor-in-chief of Russian 

14   TV.  Irina Olevsky, who's an attorney, founder 

15   and manager of her own firm.  Yerlan Shakibayev, 

16   who's the founder of Humans Net, Inc.  Michael 

17   Belogorodsky, who's the past president of the 

18   Russian American Officers Association.  And 

19   Evgeny Zhuravlev, who's the CEO and founder of 

20   L'Adresse American Bistro.

21                I want to thank you all for being 

22   present today.  

23                And I ask you, Madam Speaker, to 

24   offer them the cordialities of the house.

25                THE PRESIDENT:   Thank you, Senator.  


                                                               3267

 1                We do welcome you very much to the 

 2   house and hope you take a message of peace and 

 3   friendship back.  

 4                And I want to at this time call on 

 5   the house to recognize them.

 6                (Standing ovation.)

 7                THE PRESIDENT:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, if we 

10   can now go to the active list for today and call 

11   up Calendar Number 662.

12                THE PRESIDENT:   The Secretary will 

13   read.

14                THE SECRETARY:   Calendar Number 

15   662, by Senator Murphy, Senate Print 299, an act 

16   to amend the Agriculture and Markets Law.

17                SENATOR KLEIN:   Lay it aside, 

18   please. 

19                THE PRESIDENT:   The bill is laid 

20   aside.

21                SENATOR DeFRANCISCO:   Can we now 

22   take up Calendar 702.

23                THE PRESIDENT:   The Secretary will 

24   read.

25                THE SECRETARY:   Calendar Number 


                                                               3268

 1   702, by Senator Boyle, Senate Print 594, an act 

 2   to amend the Penal Law.

 3                SENATOR KLEIN:   Lay it aside, 

 4   please. 

 5                THE PRESIDENT:   The bill is laid 

 6   aside.

 7                SENATOR DeFRANCISCO:   Can we now 

 8   take up the controversial reading of those two 

 9   bills that were just laid aside, 662 and 702.

10                THE PRESIDENT:   The Secretary will 

11   ring the bell.

12                The Secretary will read.  

13                THE SECRETARY:   Calendar Number 

14   662, by Senator Murphy, Senate Print 299, an act 

15   to amend the Agriculture and Markets Law.

16                SENATOR DeFRANCISCO:   Madam 

17   President -- 

18                THE PRESIDENT:   Senator Klein, why 

19   do you rise?

20                SENATOR KLEIN:   Madam President, I 

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

22   that the reading of the amendment be waived and 

23   that Senator Krueger be heard on the said 

24   amendment.

25                THE PRESIDENT:   Senator Krueger to 


                                                               3269

 1   be heard on the amendment.

 2                SENATOR DeFRANCISCO:   Excuse me, 

 3   Madam President.

 4                THE PRESIDENT:   Senator 

 5   DeFrancisco, why do you rise?

 6                SENATOR DeFRANCISCO:   We accept the 

 7   amendment.

 8                (Laughter.)

 9                THE PRESIDENT:   So ordered.  The 

10   amendment is agreed to.  The bill-in-chief is now 

11   before the house.

12                So ordered.  The bill is high, due 

13   to the bill being amended on the Third Reading 

14   Calendar, and it will be laid aside for the day.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Let me 

17   clarify.  The bill has been amended, it's laid 

18   aside since it's high, and can we go on to 

19   Bill Number 702.

20                THE PRESIDENT:   Senator Krueger, 

21   why do you rise?

22                SENATOR KRUEGER:   Thank you, Madam 

23   President.  

24                I was hoping to speak on the 

25   amendment, explaining why I'm so glad that the 


                                                               3270

 1   amendment has been accepted.  May I speak on the 

 2   amendment?

 3                SENATOR DeFRANCISCO:   Point of 

 4   order, Madam President.

 5                THE PRESIDENT:   Senator 

 6   DeFrancisco, why do you rise?

 7                SENATOR DeFRANCISCO:   Yes, although 

 8   all of us are waiting to hear such an 

 9   explanation, if the -- this is Rule 9, 

10   Section 4A:  If the sponsor accepts the 

11   amendment, such amended bill shall be ordered 

12   amended without a vote, debate or explanation, 

13   and such bill shall retain its place on the 

14   Third Reading Calendar.

15                So because of that, there's no -- 

16   the rules preclude an explanation at this time.

17                THE PRESIDENT:   Senator 

18   DeFrancisco, thank you.  

19                Senator Klein, why do you rise?

20                SENATOR KLEIN:   Madam President, 

21   you did call on Senator Krueger to speak on the 

22   amendment.  Even though it was adopted, Senator 

23   Krueger still has an opportunity to be called 

24   upon to speak on the amendment.

25                SENATOR DeFRANCISCO:   Madam 


                                                               3271

 1   President.

 2                THE PRESIDENT:   Senator 

 3   DeFrancisco.

 4                SENATOR DeFRANCISCO:   I don't know 

 5   where that rule is, because it's not in the rules 

 6   of the State Senate.  The rule in the State 

 7   Senate is present exactly the way I read it.  You 

 8   can have time to read it.  But simply because 

 9   someone was recognized when it was not proper 

10   does not mean that the rules are to be ignored.

11                SENATOR KLEIN:   Madam President, 

12   you are the chair.  You have the ability to call 

13   on anyone you want to speak.

14                THE PRESIDENT:   That is correct, 

15   Senator Klein.  I had called on Senator Krueger 

16   to speak.  I gave you a courtesy, but that was 

17   not to preclude the Senator from speaking.  And 

18   if you wish to appeal the ruling of the chair, 

19   you may.

20                SENATOR DeFRANCISCO:   Madam 

21   President, first of all, the -- can you tell us 

22   what rule you're relying on that you could just 

23   ignore the rules at this point in time?

24                THE PRESIDENT:   The fact that I 

25   had, prior to recognizing you, had recognized 


                                                               3272

 1   Senator Krueger to address this body.  I think 

 2   that's a courtesy that should be extended to the 

 3   Senator.

 4                SENATOR DeFRANCISCO:   Well, that's 

 5   fine, but it violates the rules.  And I believe 

 6   that it's improper to do what you're suggesting 

 7   here, and it may have consequences on further 

 8   things that might come up at this point in time.  

 9                If we're going to violate the rules, 

10   we'll have to get a ruling as to whether that 

11   rules violation is legitimate or not, is legal or 

12   not, and that will affect what else we're 

13   planning on doing today to be productive in the 

14   State of New York, in the State Senate.

15                THE PRESIDENT:   Rule 4, Section 1 

16   allows the presiding officer to determine what is 

17   in order, and I had declared her comments in 

18   order, and we'll proceed.  

19                And if you wish to appeal, you may 

20   do so, Senator.

21                SENATOR DeFRANCISCO:   One moment, 

22   please.

23                All right, go ahead.  And just to 

24   make a point, we're objecting.  And it will be 

25   decided later on by another authority.


                                                               3273

 1                THE PRESIDENT:   Thank you, Senator.

 2                Senator Krueger, you may speak.

 3                Senator Flanagan, why do you rise?

 4                SENATOR FLANAGAN:   I just want to 

 5   make sure we're -- do you have a a copy of the 

 6   rules of the Senate up there?

 7                SENATOR RIVERA:   Point of order, 

 8   Madam President.  I believe that Senator Krueger 

 9   had the floor, if you recognized her.

10                THE PRESIDENT:   If you're asking 

11   whether or not I have a copy of the rules, 

12   Senator, the answer is yes.

13                Senator Krueger.

14                SENATOR FLANAGAN:   Madam President, 

15   I'm still speaking.  Point of order.

16                THE PRESIDENT:   Senator Flanagan, 

17   Senator Krueger was speaking.

18                SENATOR FLANAGAN:   Madam President, 

19   you recognized me.  I have the floor and am 

20   raising a point of order.

21                Senator DeFrancisco a moment ago 

22   recognized with you that Senator Krueger will be 

23   speaking.  At this moment I am speaking by virtue 

24   of the fact that you recognized me and I'm 

25   raising a legitimate point of order.


                                                               3274

 1                THE PRESIDENT:   Senator --

 2                SENATOR FLANAGAN:   May I continue?

 3                THE PRESIDENT:   You may continue.  

 4   I just want to establish that I did answer your 

 5   question.  You asked if I had a copy of the rules 

 6   before us.  That, to me, transitioned the 

 7   conversation back to the Senator --

 8                SENATOR FLANAGAN:   Well, it may 

 9   have transitioned it in your mind, but I still 

10   have the floor and I have a further comment to 

11   make.

12                THE PRESIDENT:   All right.  You may 

13   continue to speak, Senator --

14                SENATOR FLANAGAN:   Okay.

15                THE PRESIDENT:   -- followed by 

16   Senator Krueger.

17                SENATOR FLANAGAN:   You may 

18   interpret this as being rhetorical; it's not.  

19   I'm asking you a question.  I have here Rule 9, 

20   Section 4A.  If the sponsor accepts the 

21   amendment, such amended bill shall be ordered 

22   amended without a vote, debate or explanation, 

23   and such bill shall retain its place on the 

24   Third Reading Calendar.

25                I would ask you to read Rule 9, 


                                                               3275

 1   Section 4A, because I want to make sure that we 

 2   have the same rules before us.

 3                THE PRESIDENT:   I do see that, 

 4   Senator.  And I also want to point out that 

 5   Rule 4, Section 1 allows me to recognize 

 6   individuals on the floor.  And I had done that.

 7                So I think in the interests of 

 8   moving this body forward, which is what the 

 9   people of the State of New York are looking for 

10   us to continue working together, let us give the 

11   Senator the opportunity to continue speaking 

12   before I cut her off to recognize Senator 

13   DeFrancisco.  Then we can move on.  I think this 

14   will be resolved very amicably, and that is our 

15   intention here.

16                SENATOR FLANAGAN:   Yeah, I think -- 

17   I would make two points.  Number one, I do 

18   actually want to hear what you have to say.  So 

19   whoever is controlling the mike, Madam President, 

20   if you would either get closer or raise the 

21   volume, because I think a number of our members 

22   are having some difficulty hearing you.  

23                Number two, I would remind you that 

24   the sponsor controls the bill.  And the bill is 

25   high, so it is out of order for these comments to 


                                                               3276

 1   be taking place.  And a specific rule trumps a 

 2   general rule in the rules of the Senate.

 3                THE PRESIDENT:   Thank you, Senator.

 4                Senator Krueger.

 5                SENATOR KRUEGER:   Thank you, Madam 

 6   President.  

 7                For the record, I'm not speaking on 

 8   a vote, I'm not asking for a debate, and I'm not 

 9   actually commenting.  I am speaking on the -- 

10   excuse me, the amendment that has been accepted.  

11   And I appreciate the respect you've shown me to 

12   allow me to speak.

13                Current law allows for criminal 

14   prosecution of women who have abortions and 

15   doctors who provide them.  This amendment, which 

16   has been accepted -- thank you very much, 

17   sponsor -- 

18                SENATOR DeFRANCISCO:   Madam 

19   President.  Madam President.

20                THE PRESIDENT:   Senator Krueger -- 

21   Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   Point of 

23   order.  

24                If this isn't speaking about the 

25   bill and the amendment, I don't know what it is.


                                                               3277

 1                The whole -- what's the purpose of 

 2   it?  The purpose of speaking on an amendment is 

 3   to be in a position to argue that the amendment 

 4   is appropriate.  We agreed to the amendment.  So 

 5   if it's agreed to, the bill is automatically 

 6   high.  In accordance to the rules of this Senate 

 7   that have been here a lot longer than we have 

 8   been, this is inappropriate to start a discussion 

 9   about the bill which has already been amended and 

10   is now high.

11                THE PRESIDENT:   Senator, I truly 

12   appreciate where you're coming from.  

13                But from the point of view of the 

14   chair, the presiding officer of the Senate, I had 

15   recognized Senator Krueger to be able to speak on 

16   this issue.  I deferred her time to allow you the 

17   courtesy to speak.  And I'm simply asking that 

18   you recognize her the opportunity to conclude her 

19   remarks, and then we can finish the business of 

20   the people, which is what everyone in this state 

21   would like to see occur, Senator.  

22                SENATOR DeFRANCISCO:   You did not 

23   defer her time, you recognized me to make an 

24   objection based upon the rules.  That wasn't 

25   deferring her time.  It gave me, as floor leader, 


                                                               3278

 1   the opportunity to explain why what you were 

 2   about to do violated the rules.

 3                So I'm not quite sure what the 

 4   benefit is to you, to this chamber of going 

 5   forward and having a discussion on the bill when 

 6   it's already been amended and the object of the 

 7   amendment has been accomplished.  Why allow 

 8   a clear violation of the rules in this house for 

 9   courtesy purposes or whatever rule you came up 

10   with?  

11                That's not the rule of this house.  

12   Otherwise, we can get up and talk about anything 

13   we want on another bill, whether it's germane, 

14   whether the bill is high.  Every high bill that 

15   comes up here that can't be voted on and can't be 

16   debated, you're going to allow us the courtesy of 

17   just talking about them because you want to be 

18   courteous?  That's wrong.  It's against the 

19   rules.  

20                And I'm giving you one last 

21   opportunity to --

22                SENATOR KLEIN:   Madam President.

23                SENATOR DeFRANCISCO:   -- do what 

24   you're supposed to do as the presiding officer.

25                SENATOR KLEIN:   Madam President --


                                                               3279

 1                THE PRESIDENT:   Thank you, Senator.

 2                Senator Klein.  

 3                SENATOR KLEIN:   -- you cited 

 4   Rule Number 4, Section 1, which certainly gives 

 5   you the ability to call on anyone you choose to 

 6   speak.  Senator DeFrancisco should have made a 

 7   motion denying you that opportunity in order to 

 8   stop Senator Krueger from explaining her 

 9   amendment which is before us today.

10                So I just request that Senator 

11   Krueger be allowed to continue to explain her 

12   amendment.

13                THE PRESIDENT:   Thank you, Senator.

14                Senator Krueger, please continue.

15                SENATOR GRIFFO:   Point of order, 

16   Madam President.

17                THE PRESIDENT:   Senator Griffo.

18                SENATOR GRIFFO:   In accordance with 

19   Section 1 -- or Rule 4, Section 1, you have to 

20   assign a reason for the decision that you're 

21   making.  That decision has to be made upon rules 

22   that exist.  And on Rule 9, it is clear.  Senator 

23   DeFrancisco has articulated very eloquently and 

24   clearly to you what Section 9 {sic} states.  And 

25   you're in violation of Section 9.  So how can you 


                                                               3280

 1   use Section 1 where you have to give a reasoning 

 2   as to a ruling of the chair in defiance of a rule 

 3   that exists?  You can't pick and choose the rules 

 4   that you want to enforce in this chamber.  

 5                Four, Section 9 -- Article -- Rule 9 

 6   gives you specific requirements as to handling 

 7   legislation, even though you have the rule of the 

 8   presiding officer where you can give a reason.  

 9   Your reason cannot be detrimental to the rules of 

10   the Senate.

11                THE PRESIDENT:   Senator, my reading 

12   of Section 4 is not as limited as yours.  But I 

13   certainly encourage any member who wishes to 

14   challenge the ruing of the chair to do so.  And 

15   you can appeal my decision at any time.  I will 

16   accord you that ability.  

17                SENATOR KLEIN:   Madam President, 

18   again, I think I stated it correctly.  If the 

19   Majority wants to prevent you from calling on 

20   anyone, according to the section, they should 

21   make a motion to prevent that.  But that said -- 

22   and if they choose not to do that, you should let 

23   Senator Krueger proceed and speak on the said 

24   amendment.

25                THE PRESIDENT:   Senator 


                                                               3281

 1   DeFrancisco, do you have a motion to make?  

 2                SENATOR DeFRANCISCO:   Yes, I have a 

 3   motion.  I move to withdraw our approval of the 

 4   amendment and lay this bill aside.

 5                THE PRESIDENT:   Senator, the bill 

 6   is laid aside.

 7                SENATOR DeFRANCISCO:   Now I call an 

 8   immediate meeting of the Rules Committee.

 9                THE PRESIDENT:   There will be an 

10   immediate meeting of the Rules Committee in 

11   Room 332 of the New York State Capitol. 

12                The Senate stands at ease.

13                (Whereupon, the Senate stood at ease 

14   at 1:17 p.m.)

15                (Whereupon, the Senate reconvened at 

16   3:25 p.m.)

17                ACTING PRESIDENT GRIFFO:   The 

18   Senate will come to order.

19                SENATOR FLANAGAN:   Mr. President, 

20   thank you.  

21                I know the Democrats are in 

22   conference.  There will be an immediate 

23   Republican conference in Room 332, and the Senate 

24   will continue to stand at ease.

25                Thank you.  


                                                               3282

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Democrat Conference is in conference, and there 

 3   is an immediate Republican conference in 

 4   Room 332.  

 5                The Senate will continue to stand at 

 6   ease.

 7                (Whereupon, the Senate stood at ease 

 8   at 3:25 p.m.)

 9                (Whereupon, the Senate reconvened at 

10   5:43 p.m.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Senate will come to order.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   I move to 

15   adjourn until Wednesday, June 6th, at 1:00 p.m.

16                SENATOR DeFRANCISCO:   The Senate 

17   stands adjourned until Wednesday, June 6th, at 

18   1:00 p.m.

19                SENATOR DeFRANCISCO:   There are two 

20   committee meetings -- just an announcement -- two 

21   committee -- one committee meeting.  Just the 

22   Finance Committee is meeting in Room 332 

23   immediately following session.

24                ACTING PRESIDENT GRIFFO:   The 

25   Finance Committee will meet immediately in 


                                                               3283

 1   Room 332.  

 2                The Senate stands adjourned until 

 3   tomorrow, June 6th, at 1:00 p.m.

 4                (Whereupon, at 5:43 p.m., the Senate 

 5   adjourned.)

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