Regular Session - February 24, 2020
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 24, 2020
11 3:37 p.m.
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14 REGULAR SESSION
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18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: Today
9 we've been joined by the Reverend Steven D.
10 Paulikas, of All Saints Episcopal Church in
11 Brooklyn, and he will deliver today's invocation.
12 Reverend?
13 REVEREND PAULIKAS: Let us pray.
14 O God, You are the fountain of
15 wisdom and truth.
16 We pray for Your blessing on this
17 body. Guide and bless our Senators as they
18 discern Your will for the welfare of the people
19 of this state. Help them remember the words of
20 Your gospel, that what we do for the least of our
21 siblings we do for You.
22 O God, in this time of division and
23 anger, of fear and anxiety, let Your holy peace
24 descend upon this Senate. Give to Your servants
25 assembled here clear thoughts and humble spirits.
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1 Empower them by Your grace to put the interests
2 of those they represent above their own. And let
3 them never forget the powerless and voiceless
4 among us.
5 As this body discerns Your will for
6 New Yorkers whose lives are impacted by our
7 criminal justice system, let them remember that
8 the spread of fear leads to the diminishment of
9 justice.
10 We offer this "Collect for Prisons
11 and Correctional Institutions" from the Book of
12 Common Prayer.
13 Jesus, for our sake You were
14 condemned as a criminal. Visit our jails and
15 prisons with Your pity and judgment. Remember
16 all prisoners, and bring the guilty to repentance
17 and amendment of life according to Your will, and
18 give them hope for their future. When any are
19 held unjustly, bring them release.
20 Forgive us and teach us to improve
21 our justice. Remember those who work in these
22 institutions. Keep them humane and
23 compassionate, and save them from becoming brutal
24 or callous. And since what we do for those in
25 prison, O God, we do for You, constrain us to
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1 improve their lot.
2 All this we ask for Your mercy's
3 sake. Amen.
4 (Response of "Amen.")
5 ACTING PRESIDENT BENJAMIN: Reading
6 of the Journal.
7 THE SECRETARY: In Senate, Sunday,
8 February 23, 2020, the Senate met pursuant to
9 adjournment. The Journal of Saturday,
10 February 22, 2020, was read and approved. On
11 motion, Senate adjourned.
12 ACTING PRESIDENT BENJAMIN: Without
13 objection, the Journal stands approved as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 on behalf of Senator Martinez, on page 6 I offer
25 the following amendments to Calendar 61, Senate
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1 Print 4345, and ask that said bill retain its
2 place on the Third Reading Calendar.
3 ACTING PRESIDENT BENJAMIN: The
4 amendments are received, and the bill shall
5 retain its place on the Third Reading Calendar.
6 SENATOR GIANARIS: Can you
7 recognize Senator Flanagan for an introduction,
8 please.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Flanagan for an introduction.
11 SENATOR FLANAGAN: Thank you,
12 Senator Gianaris. Thank you, Mr. President. I
13 don't make a lot of introductions, so I
14 appreciate the courtesy of the present.
15 And up in the gallery -- he's
16 actually standing right now -- is a constituent
17 who just came from visiting the Assembly and was
18 introduced over there, and his name is Sal Greco.
19 Sal is -- I'm happy to represent him
20 here in the State Senate. Just a quick couple of
21 facts.
22 He was married for 60 years before
23 his wife passed away. Four grandchildren --
24 excuse me, four children, nine grandchildren, and
25 four great-grandchildren. And he's had a very
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1 varied and storied career.
2 Personally, I think he looks pretty
3 darn good for 86 years old. He looks good for
4 any age. But it's nice to have him here.
5 He was a captain in the Marine
6 Corps, served with distinction, and one of the
7 proudest components of his life and career was
8 service to our country.
9 He flew 18 different aircrafts,
10 between the military and being a commercial
11 pilot, served a stint with New York Airways,
12 landed on top of the Pan Am Building in
13 Manhattan, watched the compete construction of
14 the Twin Towers, was involved in all aspects
15 of -- he's really an atomic veteran. He was
16 exposed to radiation, H bomb and A bomb
17 explosions and all the environmental consequences
18 of that time.
19 He actually got to fly Robert
20 Kennedy, Robert Moses and Governor Rockefeller to
21 Robert Moses Beach for the original
22 ribbon-cutting ceremony. Little fun facts, it's
23 obviously part of a long and positive life.
24 But he also wrote a book called
25 Beneath the Blades, and went through his
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1 experiences through commercial flying and talked
2 about his service to his country.
3 Mr. President, I would ask, as you
4 always are gracious, to recognize my constituent,
5 Mr. Greco, afford him the courtesies of the
6 house.
7 And Mr. Greco, to you and your
8 family, thank you for who you are and for your
9 service to our country.
10 ACTING PRESIDENT BENJAMIN:
11 Mr. Greco and family, I welcome you on behalf of
12 the Senate. We extend to you all the privileges
13 and courtesies of this house.
14 Let's all rise and please recognize
15 Mr. Greco.
16 (Standing ovation.)
17 ACTING PRESIDENT BENJAMIN: Senator
18 Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 can we now take up previously adopted Resolution
21 2154, by Senator Metzger, read that resolution in
22 its entirety, and recognize Senator Metzger on
23 the resolution.
24 ACTING PRESIDENT BENJAMIN: The
25 Secretary will read.
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1 ACTING PRESIDENT BENJAMIN: Senate
2 Resolution 2154, by Senator Metzger,
3 congratulating Sofia Macaluso upon the occasion
4 of capturing the 122-pound freestyle title at the
5 2019 United States Marine Corps Cadet and Junior
6 National Championships on July 14, 2019.
7 "WHEREAS, Individual and team
8 championships are highly sought after in high
9 school sports; this Legislative Body commends
10 rare athletic achievements and pays special
11 recognition to those who pursue such excellence
12 and become examples for the youth of this great
13 Empire State; and
14 "WHEREAS, Athletic competition
15 helps to enhance both the moral and physical
16 development of young athletes, preparing them for
17 the future by instilling in them the importance
18 of teamwork, encouraging a standard of healthy
19 living, and developing a sense of fair play and
20 competition; and
21 "WHEREAS, This Legislative Body is
22 justly proud to congratulate Sofia Macaluso upon
23 the occasion of capturing the 122-pound freestyle
24 title at the 2019 U.S. Marine Corps Cadet and
25 Junior National Championships on Sunday, July 14,
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1 2019, at the FargoDome in Fargo, North Dakota;
2 and
3 "WHEREAS, In front of a capacity
4 crowd and a fan base of family, friends and
5 teammates, 10th-ranked Sofia Macaluso earned a
6 10-0 technical fall over 14th-ranked Kelly
7 Escamilla to capture the national championship;
8 and
9 "WHEREAS, In addition to this
10 monumental win, Minisink Valley High School
11 sophomore Sofia Macaluso won the 2019 USA
12 Wrestling Junior Folkstyle Nationals
13 Championship, and 2019 U16 Folkstyle Nationals
14 Championship; placed third in the New York State
15 Public High School Athletic Association
16 Championships, fifth in the 2019 UWW Cadet
17 Nationals Championship, seventh in the 2018 U16
18 Nationals Championships, fourth in the 2017
19 Super 32, seventh in the 2017 Schoolgirl
20 Nationals Championships, and sixth in the 2016
21 Schoolgirl Nationals; and
22 "WHEREAS, In light of her many
23 accomplishments, Sofia Macaluso has brought honor
24 and just pride to her school and community on the
25 local, state and national level; now, therefore,
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1 be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to congratulate
4 Sofia Macaluso upon the occasion of capturing the
5 122-pound freestyle title at the 2019 U.S. Marine
6 Corps Cadet and Junior National Championships on
7 July 14, 2019; and be it further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted to
10 Sofia Macaluso."
11 ACTING PRESIDENT BENJAMIN:
12 Senator Metzger on the resolution.
13 SENATOR METZGER: Thank you,
14 Mr. President.
15 I'd like to start off by welcoming
16 Minisink Valley High School junior Sofia Macaluso
17 and her parents, Nikki and Heath, here today in
18 the Senate chambers to honor Sofia with a Senate
19 resolution for her extraordinary wrestling in the
20 122-pound division of the U.S. Marine Corps
21 Cadets Women's Freestyle National Competitions
22 this past summer.
23 This fierce young woman has been
24 wrestling since the age of 7, and she has
25 demonstrated what you can do with hard work and
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1 perseverance. Sofia was, impressively,
2 New York's only national champion in 2019, and is
3 the seventh New York woman to receive a cadet
4 title.
5 Sofia's talents extend beyond her
6 mat. She has a deep passion for protecting the
7 environment, which I share with her, and which is
8 truly infectious. I had the great pleasure of
9 having her as an intern last fall, where she
10 worked on a project to survey, study all of the
11 recycling facilities throughout the 42nd
12 District, in an effort to develop a model and
13 help them improve.
14 I look forward to seeing Sofia
15 continue to blaze a path forward in wrestling,
16 and I can't wait to see what she does in life.
17 This is certainly the beginning of what is going
18 to be an incredible career.
19 Thank you, Mr. President. And I ask
20 respectfully that you please extend the
21 privileges and courtesies of the house to them.
22 Thank you very much.
23 ACTING PRESIDENT BENJAMIN: To
24 Sofia Macaluso and family, I welcome
25 you on behalf of the Senate. We extend to you
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1 all the privileges and courtesies of this house.
2 Please rise and be recognized.
3 (Standing ovation.)
4 ACTING PRESIDENT BENJAMIN: The
5 resolution was adopted on January 14th.
6 Senator Gianaris.
7 SENATOR GIANARIS: Mr. President,
8 Senator Metzger would like to open that
9 resolution for cosponsorship.
10 ACTING PRESIDENT BENJAMIN: The
11 resolution is open for cosponsorship. Should you
12 choose not to be a cosponsor of the resolution,
13 please notify the desk.
14 Senator Gianaris.
15 SENATOR GIANARIS: Please take up
16 the reading of the calendar.
17 ACTING PRESIDENT BENJAMIN: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 140, Senate Print 877A, by Senator Rivera, an act
21 to amend the Civil Practice Law and Rules.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 140, those Senators voting in the
8 negative are Senators Akshar, Amedore, Griffo,
9 Helming, Jacobs, Jordan, Lanza, Little, Ortt,
10 Robach, Seward and Tedisco.
11 Ayes, 45. Nays, 12.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 226, Senate Print 5209A, by Senator Sanders, an
16 act to amend the Elder Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
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1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 236, Senate Print 435, by Senator Hoylman, an act
6 to amend the Tax Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 245, Senate Print 2328, by Senator Kavanagh, an
21 act to amend the State Finance Law.
22 SENATOR GIANARIS: Lay it aside for
23 the day.
24 ACTING PRESIDENT BENJAMIN: The
25 bill will be laid aside for the day.
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1 THE SECRETARY: Calendar Number
2 264, Senate Print 3834, by Senator Metzger, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 334, Senate Print 6252, by Senator Gianaris, an
18 act to amend Chapter 395 of the Laws of 2008.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 351, Senate Print 3998, by Senator Gaughran, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 377, Senate Print 311, by Senator Felder, an act
23 to direct the Commissioner of Education to
24 examine, evaluate and make recommendations on the
25 provision of services by public school guidance
869
1 counselors.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 384, Senate Print 5023A, by Senator Parker, an
16 act to amend the Education Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect December 1, 2020.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
870
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 415, Senate Print 628, by Senator Boyle, an act
6 to amend the Executive Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 Senator Gianaris, that completes the
21 reading of today's calendar.
22 SENATOR GIANARIS: Is there any
23 further business at the desk, Mr. President?
24 ACTING PRESIDENT BENJAMIN: There
25 is no further business at the desk.
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1 SENATOR GIANARIS: I move to
2 adjourn until tomorrow, Tuesday, February 25th,
3 at 3:00 p.m.
4 ACTING PRESIDENT BENJAMIN: On
5 motion, the Senate stands adjourned until
6 Tuesday, February 25th, at 3:00 p.m.
7 (Whereupon, at 3:52 p.m., the Senate
8 adjourned.)
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