Regular Session - January 30, 2017

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 30, 2017

11                     3:53 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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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:   In the 

10   absence of clergy, I ask all to please bow your 

11   heads in a moment of silent reflection and 

12   prayer.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Sunday, 

18   January 29th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   January 28th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               394

 1                Messages from the Assembly.

 2                The Secretary will read.

 3                THE SECRETARY:   On page 10, 

 4   Senator Croci moves to discharge, from the 

 5   Committee on Rules, Assembly Bill Number 1749 

 6   and substitute it for the identical Senate Bill 

 7   418, Third Reading Calendar 54.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                Messages from the Governor.

11                Reports of standing committees.  

12                Reports of select committees.

13                Communications and reports of state 

14   officers.

15                Motions and resolutions.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:    

18   Mr. President, on page 10 I offer the following 

19   amendments to Calendar Number 55, Senate Print 

20   1379, by Senator Little, and ask that said bill 

21   retain its place on the Third Reading Calendar.

22                ACTING PRESIDENT GRIFFO:   The 

23   amendments are received, and the bill shall 

24   retain its place on third reading.

25                Can I have some order in the house, 


                                                               395

 1   please.

 2                Senator DeFrancisco, you may 

 3   continue.

 4                SENATOR DeFRANCISCO:   Yes, may we 

 5   now take up Concurrent Resolution Number 404, by 

 6   Senators Flanagan and Klein, read the title 

 7   only, and I move for its immediate adoption.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read the substitution.

10                THE SECRETARY:   Senators Flanagan 

11   and Klein move that the Assembly resolution be 

12   substituted by its identical Senate resolution, 

13   Number 404.

14                ACTING PRESIDENT GRIFFO:   The 

15   substitution is so ordered.

16                The Secretary will read.

17                THE SECRETARY:   Concurrent 

18   Resolution of the Assembly Number 25, by 

19   Assemblymen Heastie and Lavine, amending the 

20   Permanent Joint Rules of the Senate and 

21   Assembly, in relation to advisory opinions in 

22   relation to outside employment.

23                SENATOR GIANARIS:   Lay it aside, 

24   please.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               396

 1   resolution is laid aside.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Can we now 

 4   take up that resolution, please.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will ring the bell.

 7                The Secretary will read.

 8                THE SECRETARY:   Concurrent 

 9   Resolution of the Senate and Assembly Number 25, 

10   by Assemblymembers Heastie and Lavine, amending 

11   the Permanent Joint Rules of the Senate and 

12   Assembly, in relation to advisory opinions in 

13   relation to outside employment.

14                SENATOR DeFRANCISCO:   Last section.

15                (Laughter.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Kaminsky.

18                SENATOR KAMINSKY:   Mr. President, 

19   will the sponsor yield for some questions.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco yields.

22                SENATOR DeFRANCISCO:   Yes.

23                SENATOR KAMINSKY:   Thank you.

24                ACTING PRESIDENT GRIFFO:   Can I 

25   have some order, please.


                                                               397

 1                SENATOR KAMINSKY:   Mr. President, 

 2   can the sponsor please tell us, according to the 

 3   joint rule, how many times a sitting member would 

 4   have to seek such an opinion?  Or would it only 

 5   be something that the person would have to get 

 6   once?  

 7                SENATOR DeFRANCISCO:   It depends on 

 8   the situation whether or not it would have to be 

 9   a repeat request.  

10                I think, for example, if I -- just 

11   taking an example out of the air, if I was a 

12   chiropractor and I had a general practice of 

13   seeing the general population for chiropractic 

14   treatment and services, a request for an opinion 

15   on that general service that's repeated quite 

16   frequently, then in that type of situation it 

17   would only have to be done once.

18                On the other hand, if it was a case, 

19   for example, that was going to be worth -- a 

20   legal case worth more than $5,000 and it dealt 

21   with, for example, a public hospital that happens 

22   to be a SUNY hospital, obviously there's an issue 

23   there whether there might be a conflict of 

24   interest.  And under those circumstances, there 

25   would have to be an advisory opinion given and, I 


                                                               398

 1   would think the legislator would want that.  

 2                SENATOR KAMINSKY:   Mr. President, 

 3   will the sponsor continue to yield?  

 4                SENATOR DeFRANCISCO:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR KAMINSKY:   So, 

 8   Mr. President, what I understand the sponsor to 

 9   be saying is that if you are engaged in the 

10   practice of law and you are in a particular firm, 

11   and circumstances in terms of a particular client 

12   come up, it's your opinion that this resolution 

13   requires someone to seek an additional opinion?  

14                SENATOR DeFRANCISCO:   Again, it 

15   depends on the situation.  If your general 

16   practice is in doing real estate for individuals 

17   who are buying a house or getting a mortgage or 

18   the like, and if you're going to earn more than 

19   $5,000, you would be able to get an opinion 

20   whether there's anything wrong with that.

21                However, if that transaction would 

22   deal with, for example, taking the benefit -- the 

23   client taking the benefit of a government program 

24   in order to make this commercial transaction 

25   happen, I think in that situation, since there's 


                                                               399

 1   a fine line there, you would be required to get 

 2   that opinion.

 3                SENATOR KAMINSKY:   Mr. President, 

 4   will the sponsor continue to yield?  

 5                SENATOR DeFRANCISCO:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR KAMINSKY:   As I read the 

 9   resolution in front of me, I'm unable to find 

10   that language that would give anyone direction in 

11   terms of the requirement of seeking an additional 

12   opinion once you've gotten an initial "I'm 

13   working at a law firm, here's what I'm going to 

14   do" type of opinion.  

15                Can the sponsor point to me where it 

16   would give any direction about when someone needs 

17   to seek another opinion or revisit their original 

18   opinion?  

19                SENATOR DeFRANCISCO:   Well, first 

20   of all, it's the nature of the request that would 

21   determine that.  The legislator is the one who's 

22   going to make the request and define what opinion 

23   they're asking for.  If it's an opinion that's 

24   broad enough, like in the chiropractic area or in 

25   the law practice, that this is the type of work 


                                                               400

 1   you're going to be doing, the opinion would only 

 2   deal with that.  

 3                On the other hand, if it was a 

 4   specific case where you as a lawyer would know 

 5   whether it's near the fine line of what's 

 6   prohibited, that's when you would have to get an 

 7   opinion.

 8                Now, we could not possibly draft a 

 9   resolution that would take into account every 

10   single circumstance for a law practice or any 

11   other profession or any other type of work.  That 

12   is the concept.  And again, I've got to make this 

13   clear, that the legislator is the one who's on 

14   the hook.  And if it's a close case, it would 

15   behoove the legislator to actually request the 

16   opinion so they know that they're not getting 

17   into a situation that's going to cause them 

18   problems later on.

19                SENATOR KAMINSKY:   Mr. President, 

20   will the sponsor continue to yield?  

21                SENATOR DeFRANCISCO:   Yes.

22                ACTING PRESIDENT GRIFFO:   The 

23   sponsor yields.

24                SENATOR KAMINSKY:   Can the sponsor 

25   please tell us whether the joint resolution 


                                                               401

 1   requires an advisory opinion to include any 

 2   supporting documentation from the prospective 

 3   employer supporting the legislative description 

 4   of what the outside income will be for?  

 5                SENATOR DeFRANCISCO:   It doesn't 

 6   call for any description other than -- or 

 7   attachments.  What it calls for is a -- if you 

 8   want to get an opinion that's going to give you 

 9   the opinion based on the facts, you've got to, 

10   the legislator has got to outline the facts 

11   specifically.  

12                The legislator may want to actually 

13   show the contract -- this is all, by the way, 

14   sealed and private, a private opinion -- might 

15   want to show a copy of the contract that may be 

16   at issue to make sure that the opinion will be an 

17   opinion given on the correct facts.

18                SENATOR KAMINSKY:   Mr. President, 

19   will the sponsor continue to yield?  

20                SENATOR DeFRANCISCO:   Yes.

21                ACTING PRESIDENT GRIFFO:   The 

22   sponsor yields.

23                SENATOR KAMINSKY:   Can the sponsor 

24   tell us whether there's a requirement that the 

25   opinion be made under the penalty of perjury?  


                                                               402

 1                SENATOR DeFRANCISCO:   I'm sorry, I 

 2   didn't hear that. 

 3                SENATOR KAMINSKY:   Is it made under 

 4   the penalty of perjury?  

 5                SENATOR DeFRANCISCO:   No, it's 

 6   under the penalty of going to jail if you're 

 7   violating the rules.  If you don't get an 

 8   opinion, you're clearly violating the rules.  I 

 9   don't think that's a criminal action, and I don't 

10   think it's under -- we're not doing this under 

11   the penalty of perjury.  

12                But there's even more of a problem, 

13   and that is if you are outlining facts and you're 

14   outlining them incorrectly and, furthermore, do 

15   something that's prohibited that you're doing, 

16   it's almost double evidence that you're in a 

17   situation where you tried to hide the situation 

18   that you're allegedly getting an opinion for.  

19                No, it's not under the penalty of 

20   perjury.  But obviously it would behoove everyone 

21   to be honest; otherwise, they're creating more of 

22   a problem from a criminal standpoint if they 

23   don't get an opinion because of some types of 

24   misrepresentation.

25                SENATOR KAMINSKY:   Mr. President, 


                                                               403

 1   will the sponsor continue to yield?  

 2                SENATOR DeFRANCISCO:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR KAMINSKY:   Thank you.  

 6                Can the sponsor please tell us 

 7   whether this resolution has any limits on any 

 8   prospective outside income to a certain pecuniary 

 9   amount?  

10                SENATOR DeFRANCISCO:   No.

11                SENATOR KAMINSKY:   And can -- will 

12   the sponsor continue to yield?  

13                ACTING PRESIDENT GRIFFO:   The 

14   sponsor yields.

15                SENATOR DeFRANCISCO:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR KAMINSKY:   Thank you.  

19                And can the sponsor tell us whether 

20   this advisory opinion will be deemed a 

21   legislative record made available to the 

22   Secretary of the Senate, the clerk of the 

23   Assembly, along with any other opinion received 

24   by the Legislative Ethics Commission?

25                SENATOR DeFRANCISCO:   I didn't 


                                                               404

 1   quite get that entire question.  Could you slow 

 2   down a bit and maybe --

 3                SENATOR KAMINSKY:   Is this going to 

 4   be a public document?

 5                SENATOR DeFRANCISCO:   The opinion?  

 6   No, it is not.

 7                It could probably, and I'm just -- 

 8   it could probably be subpoenaed if there's some 

 9   investigation where subpoenas are appropriate.  

10   But it's not something like our financial 

11   statements that our whole life, our income, 

12   everything except the blood type of our 

13   first-born child -- when that's disclosed to the 

14   world because people have a right to know, we 

15   have inquiring minds -- it's nothing like that.  

16   It's a document that is not public.

17                SENATOR KAMINSKY:   Mr. President, 

18   will the sponsor continue to yield?  

19                SENATOR DeFRANCISCO:   Yes.

20                ACTING PRESIDENT GRIFFO:   The 

21   sponsor yields.

22                SENATOR KAMINSKY:   My son is O.

23                (Laughter.)

24                SENATOR DeFRANCISCO:   Well, you're 

25   obviously a very transparent person.


                                                               405

 1                SENATOR KAMINSKY:   Well ... 

 2                Can the sponsor please tell us 

 3   whether there's any prohibition on one working at 

 4   a law firm that also has a lobbying arm or a part 

 5   of a firm that does, like, government contracts 

 6   at all?  

 7                SENATOR DeFRANCISCO:   This doesn't 

 8   deal with that.  This doesn't deal with that 

 9   issue.  But it clearly -- it seems to me it would 

10   be something that you'd want to disclose to see 

11   if some of these conflicts of interest are 

12   prohibited or not under other law.

13                SENATOR KAMINSKY:   Mr. President, 

14   will the sponsor continue to yield for an 

15   additional question?  

16                SENATOR DeFRANCISCO:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR KAMINSKY:   Can the sponsor 

20   tell us if there is any particular prohibition on 

21   a legislator working at a particular law firm 

22   that does particular business on a given issue 

23   that comes before that legislator?  So for 

24   example, working at a law firm that does a lot of 

25   the asbestos plaintiff litigation and then being 


                                                               406

 1   able to vote on, you know, whether there should 

 2   be a cap on how much somebody could receive in an 

 3   award in an asbestos case.  Is there any 

 4   prohibition on connections like that?

 5                SENATOR DeFRANCISCO:   Well, 

 6   fortunately I'm not a member of the Legislative 

 7   Ethics Commission, and I don't know the answer to 

 8   that question, other than to say that this rule 

 9   would require if you're earning more than $5,000 

10   from that firm, require you to get an opinion and 

11   then to review the entire procedure to see 

12   whether or not it violates the law.  Then they 

13   would give an opinion.  So the Legislative Ethics 

14   Committee would have to make that determination.

15                But there are other rules out there 

16   that we're all already bound by that the opinion 

17   would be based on -- the type of practice and the 

18   rules that prohibit certain conduct.

19                SENATOR KAMINSKY:   Okay, thank you.  

20                On the bill, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Kaminsky on the resolution.

23                SENATOR KAMINSKY:   On the 

24   resolution, thank you, Mr. President.

25                I just want to quickly start off by 


                                                               407

 1   reciting a sentence or two that was made by the 

 2   U.S. attorney from the Southern District of 

 3   New York, Preet Bharara, when he testified before 

 4   the Moreland Commission.  This is what he said.

 5                He said, "The commission was charged 

 6   with following the money.  New Yorkers had reason 

 7   to cheer.  But it's hard, of course, to do that.  

 8   When the money trails are purposely hidden, when 

 9   every state or local official is able to lawfully 

10   moonlight as a lawyer or accountant and may 

11   lawfully withhold deep details of that work, 

12   prosecutors face substantial challenges."  

13                I am glad that we are taking up this 

14   important issue, and I do believe that this is a 

15   positive step.  But I do not want anyone to fall 

16   under the misimpression that this is going to 

17   solve the ills that come from us having outside 

18   income as legislators.  And those ills are real.  

19   When about seven different people over the last 

20   several years go to jail for something involving 

21   their outside job, we have a real problem.  And 

22   that's people from both sides of the aisle, and 

23   much of it focuses on legal work.  

24                The public doesn't know what anybody 

25   is doing for their law firms.  Sometimes you go 


                                                               408

 1   to the website and it says so-and-so is a lawyer 

 2   here, and that is it -- you don't know what he or 

 3   she is doing.  And the conflicts that could come 

 4   up there through this practice are troubling.  

 5   Right?  We already know of people that worked at 

 6   law firms that had lobbying arms to them.  And we 

 7   could be told as much as we want that there is a 

 8   wall that goes up, but it's very hard to believe.  

 9   And the public shouldn't have to guess.  

10                So we don't know whether a 

11   legislator is working at all or whether people 

12   just want to use their names in order to attract 

13   clients, especially clients interested in having 

14   business with the state government.  And there 

15   are lots of fine conflicts that would happen all 

16   of the time.  Someone wants to hire you, and you 

17   learn, for instance, that their husband or wife 

18   is also the head of your local Boys and Girls 

19   Club.  They come to you wanting capital money.  

20   Is it easy to turn them down knowing that that 

21   person's spouse has business with you?  Why do we 

22   put our legislators in these positions?  

23                Right now when you look at what's 

24   going on nationally, I think people really want, 

25   no matter what side of the aisle you're on, to 


                                                               409

 1   believe that their state government is going to 

 2   be reasonable and rational and listen and do the 

 3   people's work.  But when you don't know who 

 4   they're working for, it's extremely difficult.  

 5                This resolution gives very little 

 6   comfort when it comes to that.  You don't have to 

 7   go back in the middle of the year if you get a 

 8   client that has a tricky situation.  It doesn't 

 9   even require you to tell the truth.  All of these 

10   things may behoove you to want to do that, but I 

11   don't think we would be requiring people to do 

12   this if we thought everybody knew the right thing 

13   to do and when to do it.  Right?  If just getting 

14   an opinion from the LEC was what you needed to 

15   do, everyone would do it and we wouldn't have to 

16   have this resolution.  But we obviously have an 

17   issue.  

18                I would like us to go much farther 

19   than what this has here, because we do have a 

20   deep-seated problem in this state.  And all you 

21   need to look at is the seven people who have been 

22   written up in complaints or indictments about 

23   shadiness involving their outside job.  We could 

24   do a lot better than this.  This resolution 

25   doesn't require you to go back.  It doesn't 


                                                               410

 1   require you to tell the truth.  It doesn't 

 2   require you to list who your clients are, it 

 3   doesn't require you to do a lot of things.  And 

 4   basically, you could still make a million dollars 

 5   doing some outside work and not really have to 

 6   tell anybody exactly what you're doing and what 

 7   other interests those clients have.  

 8                So I am glad we're focusing on this.  

 9   This is certainly not a step backwards.  But 

10   we've got to do a lot better than this.  The 

11   public expects us to do better.  They don't 

12   really know who we're working for.  And we need 

13   to let them know we're working for them.  

14                Thank you, Mr. President.  

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Kaminsky.

17                Senator Hoylman.

18                SENATOR HOYLMAN:   Thank you, 

19   Mr. President.  Would the sponsor yield for a  

20   couple of questions?  

21                SENATOR DeFRANCISCO:   Yes.

22                SENATOR HOYLMAN:   Through you, 

23   Mr. President, is this -- could the sponsor 

24   describe to me, to the extent he knows, the 

25   specifics of the attorney-client privilege, since 


                                                               411

 1   the sponsor is an attorney?  

 2                SENATOR DeFRANCISCO:   I'll answer 

 3   it.  I'm not sure how it's germane.  But the 

 4   purpose for an attorney-client privilege is that 

 5   if you're coming -- or you're an individual and 

 6   you have some legal matter that is of a 

 7   confidential nature wherein you may end up 

 8   subjecting yourself to jeopardy by speaking to 

 9   someone, if you're going to get someone to 

10   represent you on that confidential issue, you've 

11   got to be comfortable enough to understand that 

12   that lawyer is not going to turn around and tell 

13   someone else that will put you in greater 

14   jeopardy.  That's the purpose behind it.

15                SENATOR HOYLMAN:   Through you, 

16   Mr. President, would the sponsor continue to 

17   yield?  

18                SENATOR DeFRANCISCO:   Yes.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR HOYLMAN:   Would the sponsor 

22   know or suggest a hypothetical where a practicing 

23   attorney in this body would have to reveal 

24   information about a client as part of these new 

25   rules that are proposed?


                                                               412

 1                SENATOR DeFRANCISCO:   I certainly 

 2   hope not, because I would vote against it.

 3                SENATOR HOYLMAN:   On the bill, 

 4   Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hoylman on the resolution.

 7                SENATOR HOYLMAN:   I thank the 

 8   sponsor for his responses and those to my 

 9   colleague, Senator Kaminsky.

10                I think the fundamental problem with 

11   this resolution is that it doesn't address the 

12   deeper problem of practicing attorneys in this 

13   chamber.  Now, Congress over 40 years ago 

14   established strict limits on outside income, 

15   explaining that many citizens perceive outside 

16   earned income as providing members with an 

17   opportunity to cash in on their positions of 

18   influence.  Even if there is no actual 

19   impropriety, such sources of income give the 

20   appearance of impropriety and, in so doing, 

21   further undermine public confidence and trust in 

22   public officials.

23                That's one side of the equation.  

24   The other side of the equation is frankly, we are 

25   putting clients in jeopardy, because we are being 


                                                               413

 1   asked by -- according to this resolution, to 

 2   divulge certain information, information that 

 3   may -- we hope will be kept sealed as part of an 

 4   opinion, but may not be at the end of the day, 

 5   and may in fact be divulged by the member of the 

 6   Legislature when push comes to shove, putting the 

 7   interests, putting the interests of the 

 8   individual who is being served by the legislator 

 9   as an attorney at risk.

10                Now, the Rules of Professional 

11   Conduct of the New York State Unified Court 

12   System say we aren't supposed to do that at all.  

13   We should never be putting our clients, as 

14   attorneys, at risk.  

15                So the solution is what the United 

16   States Congress has done, which is let's not only 

17   limit outside income, but let's not let our 

18   members have attorney-client privilege.  Let's 

19   not let our members pretend that they are serving 

20   the interests of clients outside of their 

21   constituents.  You can only serve one master, 

22   Mr. President, in this job, and it should be our 

23   constituents.  It should not be private clients 

24   on the side whose interests you're supposed to 

25   keep secret if you're doing your job.


                                                               414

 1                So I think while I agree with my 

 2   colleague that these rules are a baby step 

 3   forward, the bigger solution is limit outside 

 4   income, ban the practice of law by sitting 

 5   members of the Legislature.  Let's send a real 

 6   message to the people of New York State that we 

 7   are serious about reforming our chamber.

 8                Thank you.  I'll be voting in the 

 9   negative.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Hoylman.

12                Senator Krueger.

13                SENATOR KRUEGER:   Thank you, 

14   Mr. President.

15                So I have listened to the debate, 

16   and I am -- to quote Senator Hoylman, I'm very 

17   tired of baby steps in this house.  And I'm very 

18   tired of announcing in press releases we fixed it 

19   all, now we've got the right reforms, now we've 

20   gotten our act cleaned up.  This won't do it.  

21   I'm not saying it isn't some steps in the right 

22   direction; maybe the baby steps.  I just don't 

23   want to keep passing pretend revolutions here.  

24                So I'll be voting no, Mr. President, 

25   and I urge my colleagues to vote no.  We already 


                                                               415

 1   know how to do it better and that we can do it 

 2   better.  I'd really like to be here and just take 

 3   care of this once and for all.  

 4                Thank you, Mr. President.  No.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Krueger.

 7                Is there any other Senator that 

 8   wishes to be heard?

 9                I will recognize Senator DeFrancisco 

10   to close.

11                SENATOR DeFRANCISCO:   First of all, 

12   everybody seems to think this is a step forward, 

13   and I think it definitely is.  

14                And secondly, no one ever said this 

15   was a fix.  I've been here 25 years, and there 

16   hasn't been a year when more reform hasn't been 

17   asked for.  And no doubt next year there will be 

18   another year where more reform will be asked for.

19                But what this does is provide a 

20   procedure where an individual who is trying to do 

21   what's right, trying to follow the rules, to be 

22   able to get an opinion to make certain that what 

23   that person wants to do is in compliance with the 

24   rules.

25                As far as the attorney-client 


                                                               416

 1   privilege is concerned, if you're an attorney and 

 2   you believe that by asking for one of these 

 3   opinions you are going to have to disclose 

 4   confidences of a client, that answers your 

 5   question.  You shouldn't be taking the case, 

 6   because you're bound by the rules of ethics that 

 7   attorneys have to abide by not to disclose those 

 8   things.

 9                And lastly, I just -- you know, it's 

10   almost as if there's a presumption that everybody 

11   here is crooked.  There have been some horrible 

12   cases that we're all ashamed of.  But I would 

13   like to believe, and I think it's true, that the 

14   people currently in this room act in an ethical 

15   fashion and do everything they can to make sure 

16   they act in an ethical fashion.  And no rule is 

17   ever going to stop the unscrupulous from doing 

18   something wrong.

19                So I believe -- you know, I believe 

20   very strongly this is a move in the right 

21   direction, and everyone should support it.  

22   Whether they think it's not the full thing that 

23   has to be done, it's something that's good that 

24   this body should abide by, and I would urge 

25   everyone to support it.  Thank you.


                                                               417

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator DeFrancisco.

 3                Debate is closed.  The Secretary is 

 4   ringing the bell.

 5                Okay, the question is on the 

 6   resolution.  All in favor signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT GRIFFO:   Opposed?  

 9                (Response of "Nay.")

10                ACTING PRESIDENT GRIFFO:   The 

11   resolution is adopted.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   There are 

14   three hand-ups by Senator Flanagan and 

15   Senator Klein concerning conference assignments, 

16   and they're all dated today.  Are those at the 

17   desk?  

18                ACTING PRESIDENT GRIFFO:   The 

19   assignments are at the desk.  They are received 

20   and will be made a part of the Journal.

21                SENATOR DeFRANCISCO:   Thank you.  

22                There's also a hand-up by Senator 

23   Flanagan, in consultation with Senator 

24   Stewart-Cousins, dealing with the assignments to 

25   various committees for the Democrat Conference.  


                                                               418

 1   Is that at the desk?  

 2                ACTING PRESIDENT GRIFFO:   Those 

 3   assignments are here at the desk.  They are also 

 4   received and will be made part of the official 

 5   Journal.

 6                SENATOR DeFRANCISCO:  Thank you.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator DeFrancisco.  

 9                SENATOR DeFRANCISCO:   So the record 

10   is clear, there was a total of three assignments.

11                ACTING PRESIDENT GRIFFO:   All three 

12   assignments that were presented to the desk are 

13   at the desk, and they will all be made part of 

14   the official record.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Could you now 

17   take up the noncontroversial reading of the 

18   calendar.

19                ACTING PRESIDENT GRIFFO:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 18, 

22   by Senator LaValle, Senate Print 985, an act to 

23   amend the Local Finance Law.

24                SENATOR GIANARIS:   Lay it aside.

25                ACTING PRESIDENT GRIFFO:   One 


                                                               419

 1   second.  Can I have the home-rule message 

 2   accepted, please?  

 3                There is a home-rule message at the 

 4   desk, and the home-rule message is accepted.

 5                Lay the bill aside.

 6                The Secretary will continue.

 7                THE SECRETARY:   Calendar Number 24, 

 8   by Senator Flanagan, Senate Print 1207, an act to 

 9   amend Chapter 97 of the Laws of 2011.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Those recorded in 

18   the negative are Senators Comrie, Dilan, Hoylman, 

19   Krueger, Montgomery, Persaud, Rivera, Serrano and 

20   Squadron.

21                Ayes, 52.  Nays, 9.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 25, 

25   by Senator Lanza, Senate Print 1214, an act to 


                                                               420

 1   amend the -- 

 2                SENATOR DeFRANCISCO:   Lay the bill 

 3   aside for the day, please.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is laid aside for the day.

 6                THE SECRETARY:   Calendar Number 30, 

 7   by Senator Ortt, Senate Print 706, an act to 

 8   amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the 120th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 37, 

20   by Senator Alcantara, Senate Print 804, an act to 

21   amend the Mental Hygiene Law.

22                SENATOR GIANARIS:   Lay it aside.

23                ACTING PRESIDENT GRIFFO:   Lay it 

24   aside.

25                THE SECRETARY:   Calendar Number 41, 


                                                               421

 1   by Senator Tedisco, Senate Print 1680, an act to 

 2   amend the Agriculture and Markets Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Tedisco to explain his vote.

12                SENATOR TEDISCO:   Thank you, 

13   Mr. President, to explain my vote.  

14                Mr. President and my colleagues, I 

15   want to first of all thank all of you for your 

16   support and your wisdom over the last several 

17   years in terms of passing this particular bill, 

18   Kirby and Quigley's Law, just about unanimously.  

19                I especially want to thank Senator 

20   Flanagan and my sponsor -- I sponsored this in 

21   the New York State Assembly; my main sponsor here 

22   is Senator Boyle, Senator Amedore, and Senator 

23   Serino -- and all those who sponsored this bill 

24   over the last couple of years and were able to 

25   get it to the floor and passed.


                                                               422

 1                Most importantly, to our right is 

 2   the Krohn family.  And I want to personally -- 

 3   and they want to personally thank you also, but I 

 4   personally want to thank them, because I don't 

 5   think any of us could imagine the personal 

 6   tragedy that Denise and the family went through 

 7   when she walked into that home, found a burglary 

 8   took place, and that became the minor part of 

 9   what happened in their lives.  Because as she 

10   took a few steps further, she found two parts of 

11   her family were murdered and assassinated in the 

12   house, and those were her two Goldendoodles, 

13   Kirby and Quigley.  And that's why this bill is 

14   called Kirby and Quigley's Law.

15                I want to thank Denise for leading 

16   the way, coming out here last year, being over at 

17   this house to help lobby and -- it didn't need 

18   that much work, but got it done -- and helping to 

19   get it through the main committee, the Ag 

20   Committee, unanimously in the New York State 

21   Assembly.  And I'm proud to say now we have a 

22   majority sponsor in the New York State Assembly, 

23   and we're very hopeful, as we pass it here, we 

24   can pass it there.

25                But I want to thank her also for 


                                                               423

 1   making the case, not only for this body and our 

 2   government, but for the people on the outside in 

 3   the media who have to understand something.  This 

 4   is a bridge crime.  Aggravated cruelty to animals 

 5   indicates that a person who hurts these animals 

 6   in that way is going to go on to hurt you and I 

 7   and parts of our family.  It's a public safety 

 8   issue.  

 9                It couldn't have been made clearer 

10   last year than by the FBI putting this up as an 

11   A level, as an indicator that those who commit 

12   crimes like this of aggravated animal cruelty, 

13   which is part of the definition for Buster's Law, 

14   which passed over 15 or 16 years ago -- the 

15   sponsor of that, one the first states in the 

16   nation to pass an animal cruelty felony law -- 

17   they go on to commit heinous crimes.  

18                And maybe these are some of the 

19   names you've heard before.  The Son of Sam, 

20   Bundy, Dahmer, the Columbine kids all have 

21   something in common.  It's not only that they 

22   were serial murderers; they all had a history of 

23   abusing animals, and critical in chronic ways.

24                The young man who was 11 or 12 years 

25   old who doused Buster the cat in my district in 


                                                               424

 1   Schenectady with kerosene and lit it on fire -- 

 2   as we watched it languish as a community in this 

 3   region for three or four weeks, and then it 

 4   passed away -- four years later, at the age of 

 5   16, went into a park in Schenectady and attempted 

 6   to rape a young girl.  

 7                This is a serious crime that not 

 8   only impacts animals, but it impacts all of us.  

 9   I can't imagine, or neither can you, what it was 

10   like when Denise walked into that house, looked 

11   around and saw it in disarray, but then saw those 

12   animals in pools of blood.  To them, the 

13   computers, the televisions, the jewelry meant 

14   nothing and still means nothing.  What means 

15   something is what's etched in her mind, the 

16   vision of what she saw, the loss of those 

17   companion pets who gave unconditional love.

18                So after she got done with that and 

19   the dust was settled, they poured salt in the 

20   wound.  And that is the law enforcement 

21   officials -- who were very compassionate out 

22   there -- said these are parts of your family.  We 

23   understand how important they are.  We understand 

24   how important this crime is in our community.  

25   But we have to tell you, Denise and Krohn family, 


                                                               425

 1   the only crime here that will get a penalty is 

 2   the burglary.

 3                Ladies and gentlemen, there's got to 

 4   be a difference between somebody who walks into 

 5   your house and takes your jewelry and someone who 

 6   walks into your house and takes your jewelry and 

 7   kills two parts of your family, two loving parts 

 8   of your family.  

 9                And that's what this bill does, it 

10   says when you commit a felony and you commit this 

11   violence against companion pets and animals, that 

12   there will be another felony.  It's extremely 

13   important.  

14                I thank the Krohn family and Denise.  

15   I thank all of you for your support over the 

16   years.  And I ask for your support today.

17                Thank you so much.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Tedisco.  

20                Senator Brooks to explain his vote.

21                SENATOR BROOKS:   Mr. President, I 

22   rise to thank the Senator for introducing this 

23   very important legislation.  

24                I agree with the points that he 

25   made.  Clearly, in one of these acts the 


                                                               426

 1   individual is taking a very violent action on 

 2   these animals.  

 3                One of the constituents in my 

 4   district had written a letter -- similar 

 5   situation, where there was a burglary at the home 

 6   and her dog JB was injured and passed away, and 

 7   there was no criminal action taken as far as the 

 8   death of the dog was concerned.

 9                We all recognize -- every one of us 

10   in this room has had a pet.  When that pet 

11   passes, that's part of the family.  This law, as 

12   the Senator said, addresses a very serious 

13   problem in this state, the animal cruelty.  And 

14   there has to be a real and severe penalty for 

15   those actions.  

16                So I also vote aye and support the 

17   measure.  Thank you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Brooks to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 41, those recorded in the negative are 

23   Senators Montgomery and Parker.

24                Ayes, 59.  Nays, 2.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               427

 1   is passed.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Although 

 4   Senator Tedisco has been in this building serving 

 5   the public for many, many years, this very 

 6   important bill, I'm proud to announce, is 

 7   Senator Tedisco's first bill passed in this body.

 8                (Applause.)

 9                ACTING PRESIDENT GRIFFO:    

10   Congratulations, Senator Tedisco.

11                The Secretary will continue.

12                THE SECRETARY:   Calendar Number 54, 

13   substituted earlier by Member of the Assembly 

14   Buchwald, Assembly Print 1749, Concurrent 

15   Resolution of the Senate and Assembly.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Kaminsky.

18                SENATOR KAMINSKY:   Thank you.  I'd 

19   like to explain my vote, Mr. President.

20                ACTING PRESIDENT GRIFFO:   You may, 

21   Senator Kaminsky.

22                SENATOR KAMINSKY:   Thank you.  

23                In the very same speech, U.S. 

24   Attorney Bharara said the following:  "A galling 

25   injustice that sticks in the craw of every 


                                                               428

 1   thinking New Yorker is the almost inviolable 

 2   right of even the most corrupt elected official, 

 3   even after being convicted by a jury and jailed 

 4   by a judge, to draw a publicly funded pension 

 5   until his dying day.  That era of state law, 

 6   partially fixed a couple of years ago, must 

 7   succumb to common sense.  The common-sense 

 8   principle is simple:  Convicted politicians 

 9   should not grow old comfortably cushioned by a 

10   pension paid for by the very people they betrayed 

11   in office."  

12                I really want to thank Senator Croci 

13   for his important work on this issue.  The 

14   average Long Islander that I talk to is 

15   absolutely astounded and appalled by the gross 

16   injustice that is pensions being drawn by 

17   convicted politicians.  

18                It is a symbol of a corrupt system.  

19   I'm glad we're taking steps to remedy it.  Let's 

20   get this done today.  

21                Thank you very much, Mr. President.  

22   I vote aye.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Savino on the legislation.

25                SENATOR SAVINO:   Thank you, 


                                                               429

 1   Mr. President.  

 2                Unfortunately, I am going to have to 

 3   detract from my good colleague Senator Kaminsky, 

 4   and Senator Croci and others in this room, and it 

 5   will not be the first time on this issue.  Not 

 6   that I am not as offended as anyone else in this 

 7   room or in the body politic by an elected 

 8   official who would abuse their authority.  

 9                But I will say this again for the 

10   record.  Pensions are not a reward for good or 

11   bad service.  They are not like a gold watch.  

12   They are, in fact, the product of deferred 

13   salary.  They are in fact personal property.  And 

14   I think we go down a very bad road when we send 

15   the message that pensions can be taken away for 

16   behavior.

17                I think we can find another way to 

18   punish elected officials who abuse the public 

19   trust.  This is not the way to do it.  Because 

20   once you crack this door open, we'll then begin 

21   talking about taking away pensions from other 

22   people.  

23                Pensions are property and the 

24   subject of deferred salary, compulsory deferred 

25   salary invested.  And finally, they are not 


                                                               430

 1   taxpayer-funded.  They are taxpayer-guaranteed.  

 2                So I'm going to continue to vote 

 3   against this, while I will remain outraged by 

 4   elected officials who would violate the public 

 5   trust.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Hamilton.

 9                SENATOR HAMILTON:   Yes, 

10   Mr. President, I rise also to speak on this bill.  

11                As my fellow Senate colleague 

12   stated, that your pension is a property right.  

13   It's a property right for the husband, the wife, 

14   and the children.  And even though someone may do 

15   something wrong, in today's environment -- I had 

16   a friend who was convicted for $5,000 and did two 

17   years in jail and lost his pension.  I believe 

18   there should be a fine.  No one should lose their 

19   pension and their family be deprived of the 

20   income of a breadwinner, which a wife who's been 

21   diligent in supporting her husband has done so 

22   for so many years.

23                So -- and I'd like also say, when I 

24   look around this room, I see people who are 

25   working not because of the salary -- that's 


                                                               431

 1   obvious -- but because they love their job.  And 

 2   to keep insinuating that members of the Senate 

 3   are not honorable people I find upsetting.  I 

 4   believe every Senator in this room is an 

 5   honorable person who comes up here, leaving their 

 6   family, and spends time to help constituents in 

 7   their district.  

 8                So I would like to see other 

 9   legislation for other people.  We keep 

10   legislating against ourselves.  I don't know why.  

11   Okay, we are a body of Senators who are elected 

12   by the people, and if you do something wrong, you 

13   should go to jail.  And I agree with that.  But 

14   we shouldn't take away property rights.  

15                But we do need to go in the right 

16   direction into making sure that my colleagues, if 

17   they do go the wrong way, something has to be 

18   done.

19                So last year I did not vote for the 

20   this bill.  This year I'm going to vote for this 

21   bill.  I think it's a great bill that Senator 

22   Croci has put forth.  And so I just say when I 

23   look upon this room, I see honorable people.  I 

24   see people who work hard.  I see people who don't 

25   get up in the morning saying, I'm going to commit 


                                                               432

 1   a crime.  

 2                Thank you very much.  I'm voting in 

 3   favor of the bill.

 4                (Laughter.)

 5                ACTING PRESIDENT GRIFFO:   I'm going 

 6   to call on Senator Croci to close, as sponsor of 

 7   the bill.  

 8                Senator Croci.

 9                SENATOR CROCI:   Thank you, 

10   Mr. President --

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Díaz, you'd like to speak?  Senator Díaz.  

13                Can I have some order, please.  

14   Senator Díaz.

15                SENATOR DÍAZ:   I'll just ask my 

16   colleague a question, because I'm confused.  

17                (Laughter.)

18                SENATOR DÍAZ:   You just said that 

19   we are honorable people, that our children, our 

20   wives should not be punished, that last year you 

21   voted against.  So you stood up to give a speech 

22   about how honest we are, and then you voted yes.  

23                I am very confused, my friend.  You 

24   can't have your cake and eat it too.  It's either 

25   are we honest or are we crooked.  If we are 


                                                               433

 1   honest, stand up and vote no.  Support the honest 

 2   ones here.  Support our children, support our 

 3   wives.  They are not to blame.  They have nothing 

 4   to do -- if I commit a mistake, why blame my 

 5   children, why blame my wife, taking away the 

 6   pension because of something wrong that I did.

 7                This is wrong.  And you just said 

 8   it, we keep voting against ourselves.  So why are 

 9   you voting yes?  This is wrong, this is wrong.  

10   This is wrong.  I mean, if I do something bad, I 

11   should go to jail.  But then my wife and my 

12   children are left out in the street, in the 

13   street?  We're punishing them, our children, for 

14   the crime of the fathers, just to please the 

15   media?  Just so the media could say that we are 

16   doing good?  It's a cowardly thing.  This is a 

17   cowardly thing.  I'm voting no.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Croci, to close.  

20                SENATOR CROCI:   Mr. President, 

21   thank you.  

22                I respect my colleagues' integrity, 

23   and I certainly respect their honest and 

24   good-faith opposition to this bill.  No one 

25   should be judged how they feel about this.  


                                                               434

 1   There's passion on both sides.  

 2                But what I would say is going back 

 3   to our different districts, it's very frustrating 

 4   for a member of our community, a resident who's 

 5   working hard, who's playing by the rules, and 

 6   they see not only members of the Legislature -- 

 7   but remember, this resolution and this item that 

 8   will go on the ballots this November, if this is 

 9   to pass, will be inclusive of the Governor, the 

10   members of the Legislature, and all elected 

11   officials in our towns, from town supervisors and 

12   county executives and village trustees.  It's 

13   every elected official in this state.

14                It's very frustrating for the men 

15   and women that we serve to understand why, why -- 

16   and whether it's funded directly or they're 

17   paying into the pension system, why members who 

18   they sent here and they elect violate the public 

19   trust and somehow still get a benefit from what 

20   they see as a taxpayer institution.

21                I share some of my colleagues' 

22   sentiments about baby steps.  I'm joined today, 

23   we're joined by the resolution sponsor in the 

24   Assembly, Assemblyman Buchwald, who's standing 

25   here today to watch this happen.  And what I 


                                                               435

 1   would tell you is for the two of us to sit down 

 2   in a room, members who haven't been here for a 

 3   while, and think that we can turn the ship on a 

 4   dime and make things like this happen is -- I 

 5   share my colleagues' frustration about baby 

 6   steps.  

 7                What I'd like to do is tell everyone 

 8   in this chamber and to all of our constituents 

 9   who are watching that it is possible to turn that 

10   ship.  We have been able to do it, in a 

11   bipartisan way in both houses, and now we get to 

12   let our boss decide.  The men and women who put 

13   us here, the men and women who vote for us, they 

14   are going to get to decide on their ballot in 

15   November whether or not public pensions should be 

16   taken away from elected officials who have 

17   violated that public trust.  

18                So it's in the hands of the people.  

19   And I think that that's what our founders had 

20   contemplated when they created our Constitution 

21   at the federal level and our state Constitution.  

22   We should trust that document.  The document 

23   has given the Legislature the ability to put it 

24   before the people, and the people will decide.

25                I want to compliment this body for 


                                                               436

 1   leading the way in this reform, and I urge all of 

 2   my colleagues to vote yes.  

 3                Thank you.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Croci.

 6                The Secretary will call the roll on 

 7   the resolution.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.  Nays, 4.  

10   Senators Díaz, Montgomery, Parker and Savino 

11   recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   And the 

13   resolution is adopted.

14                Calendar Number 56.

15                THE SECRETARY:   Calendar Number 56, 

16   by Senator Funke, Senate Print 1606, an act to 

17   amend the Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect January 1, 2018.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               437

 1   Funke to explain his vote.

 2                SENATOR FUNKE:   Thank you, 

 3   Mr. President, 90 seconds on this legislation.  

 4                I want to thank my colleagues for 

 5   their support of this bill.  This is the third 

 6   time in three years that this bill has come 

 7   before this body, and it has passed unanimously 

 8   the previous two years, not only here but in the 

 9   Assembly as well.  Clearly people like this bill, 

10   and I'm grateful.

11                The Governor doesn't.  The Governor 

12   says three things:  It's duplicative deductions, 

13   that there is already a federal credit, and that 

14   this should be done in the budget process.  This 

15   is why he has vetoed this two years in a row.

16                Well, we're here.  By passing this 

17   bill today, we are putting it in the budget 

18   process.  

19                As for the duplication part, it's 

20   not true.  Yes, you can deduct charitable 

21   donations on your income tax, but this bill 

22   allows for a tax credit of 25 percent of the 

23   wholesale value of donated fresh food, up to 

24   $5,000.  And we all know a credit is way more 

25   valuable than a deduction, and this is a 


                                                               438

 1   mechanism that we use to encourage the process.

 2                And finally, Point Number 3, the 

 3   federal credit.  Yes, there is one.  But because 

 4   of the way most farmers do accounting on a cash 

 5   basis, most don't qualify for it.  

 6                We've communicated all of this to 

 7   the Governor before, but the same discredited 

 8   veto message keeps coming back.  As you know, 

 9   this bill provides a modest benefit to farmers 

10   for the millions of pounds of food that they 

11   donate to food pantries and food banks each and 

12   every year to help those who need it most.  And 

13   it would bring even more fresh, healthy 

14   vegetables to the table.  And finally, it's 

15   environmentally sound because it keeps food waste 

16   out of our landfills.

17                It has widespread support from 

18   farmers, from business, from the Natural 

19   Resources Defense, and from the League of 

20   Conservation Voters.  The only person that 

21   doesn't support it sits on the second floor.  But 

22   even he knows there's an issue here, because his 

23   budget mandates that large food-waste producers 

24   donate their excess food rather than put it into 

25   the waste stream.  


                                                               439

 1                What we don't need is another 

 2   mandate from the State of New York.  What we do 

 3   need is just a little bit of encouragement and 

 4   acknowledgment when farmers do the right thing.  

 5   That's what this is all about.  

 6                And I'm proud that we are passing 

 7   this again, our farm-to-food-bank bill, and I 

 8   invite the Governor to join us in making this 

 9   bill a reality in this year's budget process.  

10                So I just wanted to take a moment to 

11   thank my colleagues for approving this measure 

12   again.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Funke to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 57, 

21   by Senator Klein, Senate Print 2651, the act to 

22   amend the General Business Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               440

 1   act shall take effect on the 60th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Klein to explain his vote.

 7                SENATOR KLEIN:   Thank you, 

 8   Mr. President.  

 9                This is the first of two pieces of 

10   legislation that came in response to a report 

11   that was released by the Independent Democratic 

12   Conference back in July, where we found that the 

13   newest augmented reality game, Pokémon Go, was 

14   really subjecting young people to dangerous 

15   sexual predators.  

16                While I want to say the game has, I 

17   think, caught the nation by storm -- over 

18   30 million people downloaded the game, mostly 

19   kids, in the first two weeks of its existence, 

20   and I think it's a great game, it keeps people 

21   out of the house, families have played the game 

22   together -- unfortunately, we found, and we 

23   actually did these reports all over the state, 

24   that unbeknownst to the game maker, dangerous 

25   sexual predators are usually living in front of a 


                                                               441

 1   lot of the Poké sites, as they're called, and has 

 2   allowed, I think, our young people to potentially 

 3   be in danger.

 4                The legislation I think becomes even 

 5   more important.  While I think we had widespread 

 6   support when our report was released, and the 

 7   legislation, there was a small few that said, 

 8   Well, nothing happened yet.  Well, I didn't think 

 9   it was very smart to wait till, God forbid, a 

10   young person was injured or sexually molested, so 

11   we pushed the legislation nonetheless.  

12                We found out just a few days ago, in 

13   Albion, New York, FBI apprehended a 45-year-old 

14   predator who used Pokémon Go to stare at young 

15   boys.  It's presently a serious investigation, 

16   they're looking at it time and time again, and 

17   it's something that is a real, serious problem.  

18                So the legislation that I attempt to 

19   pass is twofold.  First, according to the law, 

20   there's presently a loophole.  In previous 

21   legislation, which actually was pushed through by 

22   then-Attorney General Andrew Cuomo, dangerous 

23   sexual predators are not allowed to engage in 

24   social media.  That does not include these new 

25   augmented reality games, which I think we're 


                                                               442

 1   going to see the proliferation of these grow and 

 2   grow over the next couple of years.  

 3                So I want to prevent someone who is 

 4   presently a registered dangerous sexual predator 

 5   from engaging in these games.  And second, we 

 6   want to make sure that the industry actually 

 7   polices these games.  

 8                Unfortunately, I sent a letter, the 

 9   Governor sent a letter to the maker of this 

10   specific game and said, Hey, we provide you, I 

11   think in a very easy way, all of the dangerous 

12   sexual predators that are on the Megan's Law 

13   registry every year.  You just make sure, when 

14   you randomly pick these sites, that it's not in 

15   front of a dangerous sexual predator's home.  

16                They didn't answer, so I think the 

17   time for legislation is now.  And I think this 

18   legislation won't ban the game, won't interfere 

19   in the game in any way, but will require the game 

20   makers to just consult the Megan's Law registry, 

21   which we will send them when they're updated 

22   every year, and they will make sure these sites 

23   are not in front of dangerous sexual predators' 

24   homes.  

25                So I think these two pieces of the 


                                                               443

 1   legislation, Senate Bill 2651 as well as 2652A, 

 2   are extremely important.  And of course, 

 3   Mr. President, I vote aye on both.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Klein to be recorded in the affirmative.

 6                Announce the results.

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

 8   Senator Montgomery recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 58, 

12   by Senator Klein, Senate Print 2652A, an act to 

13   amend the Executive Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the 60th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

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

22   Senator Montgomery recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 62, 


                                                               444

 1   by Senator DeFrancisco, Senate Print 3353, an act 

 2   to exclude.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

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

11   Senator Kennedy recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                Senator DeFrancisco, that concludes 

15   the noncontroversial reading of today's 

16   active-list calendar.

17                SENATOR DeFRANCISCO:   In that case, 

18   why don't we do the controversial reading.

19                ACTING PRESIDENT GRIFFO:   The 

20   Secretary will ring the bell.  

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 18, 

23   by Senator LaValle, Senate Print 985, an act to 

24   amend the Local Finance Law.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               445

 1   Gianaris, why do you rise?

 2                SENATOR GIANARIS:   Mr. President, I 

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

 4   that the reading of the amendment be waived and 

 5   that I may be heard on the amendment.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Gianaris, there is an amendment at the desk.  I 

 8   have reviewed the amendment and believe that it 

 9   is nongermane to the bill and therefore out of 

10   order.

11                SENATOR GIANARIS:   Thank you for 

12   your ruling.  I would like to appeal the decision 

13   of the chair, and I ask that I be heard on the 

14   appeal.

15                ACTING PRESIDENT GRIFFO:   You're so 

16   directed.

17                SENATOR GIANARIS:   Thank you.

18                My colleagues, we come to this 

19   chamber to have policy debates, and we've done 

20   that with vigor several times over the years.  

21   But there's a difference between mainstream 

22   policy debates that we engage in as colleagues 

23   across the aisle from one another and a 

24   difference when we're dealing with an action that 

25   is so beyond the pale, so historically 


                                                               446

 1   unprecedented, so un-American, that we are 

 2   compelled to action.  And I believe we are now 

 3   facing one of those situations.  

 4                Anyone who has picked up a 

 5   newspaper, watched the TV, or gone on their iPad 

 6   in the last several days has noticed that the 

 7   results of an executive order issued by President 

 8   Trump have led to an incredible organic and 

 9   spontaneous opposition all across this land.  

10   Tens of thousands of people have taken to the 

11   streets, rallying to their local airports, to 

12   make sure that people who are legally entitled to 

13   enter this country, have been deemed legally 

14   entitled to enter this country by our federal 

15   government, overnight were told they couldn't be 

16   let in, were detained -- in some cases without 

17   access to attorneys, in some cases without access 

18   to their families.  Some are still being detained 

19   as we sit here in the chamber today.

20                This amendment would prohibit 

21   New York State entities, most notably the Port 

22   Authority, from participating in enforcing this 

23   unlawful executive order that has come from 

24   Washington.  As everyone knows, the Port 

25   Authority has control over the New York City area 


                                                               447

 1   airports, including, most notably, Kennedy 

 2   Airport.  There was a picture I was just looking 

 3   at on my Twitter feed moments ago that showed 

 4   Port Authority police prohibiting people from 

 5   approaching the areas where this executive order 

 6   is being enforced.  

 7                As New Yorkers, it's our obligation 

 8   to make sure that if something is going on that 

 9   is so outrageous, that we not contribute to it, 

10   that we stand up and resist this effort, and we 

11   say not one penny of New York tax money should go 

12   towards enforcing this incredibly unlawful order 

13   from Washington.

14                There should be no Port Authority 

15   personnel involved in this effort, there should 

16   be no Port Authority facilities allowed to be 

17   involved in this effort.  And if there's a 

18   federal room or wherever they're detaining these 

19   people and the Port Authority somehow controls 

20   the climate or the electricity, that should be 

21   cut off too.  It's time to take a stand.  

22                You know, the Majority Coalition is 

23   fond of passing a bill that says that we should 

24   deny NYPD protection for our courthouses because 

25   we may not agree with what's going on inside that 


                                                               448

 1   courthouse, and my colleagues have no problem 

 2   voting to impose that kind of restriction.  Well, 

 3   I will daresay this is a more serious issue, 

 4   where in some cases legal Americans, people with 

 5   green cards, are being held, who have done 

 6   nothing wrong other than leave for a few days and 

 7   try to come back, and overnight they're suddenly 

 8   prohibited from doing so.

 9                This is an unprecedented time.  And 

10   as I mentioned at the outset, there are 

11   mainstream debates we can have and will have 

12   again when we disagree on issues.  But I think 

13   something this serious calls for us to unite as a 

14   chamber, to unite as New Yorkers, as a state that 

15   has always welcomed immigrants, as a state that 

16   welcomed my parents, who came from another 

17   country, that welcomed many of our colleagues who 

18   themselves are immigrants, and say:  Not on our 

19   dime.  Not this time.  

20                I saw a great sign at one of these 

21   protests.  It says "First they came for the 

22   Muslims, and I said 'Not this time.'"  As opposed 

23   to the saying which says "I did nothing."  Until 

24   they came for you.

25                So I ask my colleagues to join me in 


                                                               449

 1   voting for this amendment and say with everything 

 2   going on in this country, it's time we stand up 

 3   and say "Not this time."

 4                Thank you, my colleagues.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Gianaris.

 7                The appeal has been heard, and we 

 8   will now take a procedural vote of the house on 

 9   the ruling of the chair.  All those in favor of 

10   overruling the ruling of the chair signify by 

11   saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT GRIFFO:   Opposed?  

14                (Response of "Nay.")

15                ACTING PRESIDENT GRIFFO:   The 

16   ruling of the chair is affirmed.

17                Now, the bill in chief, the 

18   Secretary will read the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the same date and in the 

21   same manner as a chapter of the Laws of 2016.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               450

 1   Díaz to explain his vote.

 2                SENATOR DÍAZ:   Thank you, 

 3   Mr. President.

 4                I was listening to what was said 

 5   before, and I have to explain my vote.  And I 

 6   have to say that I am not only a Senator, I am 

 7   the president of the New York Hispanic Clergy 

 8   Organization, an organization composed of 

 9   150 Hispanic clergy in the City of New York.  I'm 

10   also a pastor of the Christian Community 

11   Neighborhood Church in the Bronx.  

12                So when we talk about immigrants 

13   being hurt, today my wife is buying a couch to 

14   have one immigrant, undocumented, stay in the 

15   church because he has no place to go.  

16                I am the one, Mr. President and 

17   ladies and gentlemen, I am the one who has 

18   brought, for many years, to get up in this 

19   chamber, the Bangladesh community.  And I am the 

20   one that brought the first imam to do the 

21   invocation from that pulpit there.  I am the one 

22   that has brought the Taiwanese community here and 

23   have a monk doing the invocation.

24                I am the one bringing every year 

25   here the Garifuna community, the immigrants from 


                                                               451

 1   Honduras, from Costa Rica, from South America, 

 2   the black immigrants from those countries.  I am 

 3   the one that brought the first Dominican 

 4   community to this chamber when there was no 

 5   Dominican Senators here.

 6                So when we talk about protecting 

 7   immigrants and being fair to immigrants, talk to 

 8   me about it.  I'm the leader on that.  I've shown 

 9   it.

10                However, I heard our beloved great 

11   Governor, great people, I see people crying about 

12   what has been done to immigrants.  And two years 

13   ago -- to be exact, Mr. President, on Friday, 

14   January 17, 2014, in the Capitol Pressroom show, 

15   the Governor told Ms. Susan Arbetter the 

16   following:  "Who are they?  Are they those 

17   extreme conservatives, right to life, pro-assault 

18   weapon, anti-gay?  Is that who they are?  Because 

19   if that's who they are, and they are extreme 

20   conservatives, they have no place in the State of 

21   New York." 

22                The Governor is in favor of 

23   deportation.  He wanted to deport me two years 

24   ago from the State of New York.  Now he's crying 

25   because Trump is putting something -- because 


                                                               452

 1   he's the great protector of immigrants.  So 

 2   people are crying.  

 3                So, Mr. President and ladies and 

 4   gentlemen, let's stop the hypocrisy.  Because I 

 5   didn't see anybody stood up on the floor when the 

 6   Governor wanted to deport me two years ago from 

 7   the State of New York.  I didn't see anybody 

 8   crying, I didn't see anybody standing up here 

 9   protecting me, an immigrant from Puerto Rico, 

10   from being exported out of the state.  

11                So again, ladies and gentlemen, we 

12   cannot have our cake and eat it too.  This is not 

13   come here now because Trump did this, now 

14   everybody is protecting the immigrants.  I didn't 

15   see any one of you when -- to cry or to stand up 

16   when Obama was deporting all the Hispanics, 

17   Dominicans and Mexicans --

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Díaz --

20                SENATOR DÍAZ:   -- when he was the 

21   biggest deporter in the nation.  I didn't see any 

22   one of you fighting that.  

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Díaz, how do you vote, sir?  

25                SENATOR DÍAZ:   How do I vote.  How 


                                                               453

 1   do I vote.  I'm voting -- I don't know.  

 2                (Laughter.)

 3                ACTING PRESIDENT GRIFFO:   Okay.  

 4   Senator Díaz to be recorded in the uncertain 

 5   column.

 6                The Secretary will announce the 

 7   results.

 8                THE SECRETARY:   Ayes, 55.  Absent 

 9   from voting:  Senators Larkin, Latimer, 

10   Marcellino and Perkins.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                The Secretary will continue.

14                THE SECRETARY:   Calendar Number 37, 

15   by Senator Alcantara, Senate Print 804, an act to 

16   amend the Mental Hygiene Law.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Gianaris, why do you rise?

19                SENATOR GIANARIS:   Mr. President, I 

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

21   that the reading be waived and that Senator 

22   Persaud may be heard.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Gianaris.

25                Upon reviewing the amendment, I rule 


                                                               454

 1   that it is not germane to the bill and is 

 2   therefore out of order.

 3                SENATOR GIANARIS:   Thank you, 

 4   Mr. President.  I'd like to appeal your decision 

 5   and ask that Senator Persaud be heard on the 

 6   appeal.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   appeal is so recognized.  And Senator Persaud, 

 9   you may speak.

10                SENATOR PERSAUD:   Thank you, 

11   Mr. President.

12                As my colleagues know, President 

13   Trump signed an executive order suspending entry 

14   into the United States for refugees and 

15   immigrants from seven countries of particular 

16   concern.  I stand here as an immigrant from South 

17   America.  My country is not of particular 

18   concern.

19                This ban has irreparable 

20   consequences that reach beyond issues of national 

21   security.  It is both unethical and 

22   discriminatory in its treatment of hardworking --

23                ACTING PRESIDENT GRIFFO:   Excuse 

24   me, Senator Persaud.  

25                Can I have some order, please?  


                                                               455

 1   Thank you.

 2                You may continue.

 3                SENATOR PERSAUD:   -- it's 

 4   discriminatory in its treatment of hardworking, 

 5   law-abiding immigrants and fundamentally 

 6   disregards the founding principles of the 

 7   United States.

 8                My amendment would limit officials 

 9   of the State University of New York and the City 

10   University of New York in determining a student's 

11   specific immigration details, including their 

12   status as a refugee and their country of origin.

13                The legislation in front of us by 

14   Senator Alcantara would amend the Education Law 

15   and require school-aged material on suicide 

16   prevention be made available.  

17                When passing today's laudable 

18   legislation, we should also address the crisis 

19   affecting New York's immigrant university 

20   students.  The State University of New York, 

21   SUNY, enrolls approximately 22,140 international 

22   students from 180 countries, including 

23   320 students from the seven countries affected by 

24   the current ban.

25                My district has many of the 


                                                               456

 1   180 countries represented.  At the City 

 2   University of New York, approximately 120 

 3   students come from these seven countries.  Both 

 4   SUNY and CUNY have already taken steps to shield 

 5   their immigrant populations from threats of 

 6   reprisal by the new administration.  CUNY 

 7   announced in December 2016 that it will take any 

 8   steps available under the law to protect and 

 9   support its undocumented students by pursuing 

10   policies and practices that help ensure campuses 

11   welcome and value all of their students.  

12                CUNY has the largest number of 

13   undocumented students supported by private 

14   scholarship in this country.  Just remember, 

15   their tuition is not paid for by any government 

16   resource.

17                In December, CUNY announced it would 

18   take no action to assist the enforcement of 

19   immigration laws, except as required by law.  

20   CUNY will not request or gather information about 

21   a student's citizenship or immigration status in 

22   the course of providing educational or other 

23   services in connection with public safety 

24   activities, except as required, again, in 

25   connection with their tuition.


                                                               457

 1                CUNY will also not allow immigration 

 2   enforcement officials to enter their campuses 

 3   except to the extent required by a warrant or a 

 4   court order.

 5                SUNY also reaffirmed its strong 

 6   commitment to diversity, equity, and inclusion in 

 7   a resolution adopted by the Board of Trustees on 

 8   January 24, 2017.  The resolution states that 

 9   SUNY will continue its long-standing practice of 

10   supporting international and immigrant students 

11   through the International Student and Scholar 

12   Services Office.  SUNY will do so by expanding 

13   the resources available for immigrant and 

14   international students and strive to make student 

15   resources available.  

16                SUNY also stated it will continue to 

17   advocate for federal and state financial 

18   assistance for undocumented students, and will 

19   continue its long-standing practice of vigorously 

20   defending the privacy rights of its students.  

21   Student information will not be released to law 

22   enforcement unless a subpoena, again, court 

23   order, search warrant or other applicable 

24   exception is granted.  This includes information 

25   about national origin, religion, immigration 


                                                               458

 1   status.

 2                My amendment would provide that SUNY 

 3   and CUNY campuses would protect student 

 4   information in regards to immigration and refugee 

 5   status and would only share this information when 

 6   legally required to do so.  As a former college 

 7   registrar, I understand the importance of 

 8   protecting students' information.  I fought many 

 9   times talking about the rights of a student under 

10   FERPA.  For any of you who don't know, FERPA 

11   protects the rights of students, and this is one 

12   of those rights that we must protect.

13                This executive order has no relation 

14   to the functioning of universities and may also 

15   be unconstitutional.  Our universities should 

16   strive for diversity and inclusion and should do 

17   everything in their power to resist this power.

18                Today in my home county, Brooklyn -- 

19   Kings County, Brooklyn, the City of Brooklyn, 

20   Borough President Adams and others are organizing 

21   a rally to fight for Saira Rafiee, a doctoral 

22   student enrolled in CUNY, the Graduate Center.  

23   She came here on a lawful visa, but she left this 

24   country to visit her family in Iran.  Now she is 

25   being denied reentry.  I ask all of you, is that 


                                                               459

 1   right, is that fair, is that just?  

 2                Before being elected to the 

 3   Legislature, as I said before, I worked as a 

 4   registrar.  I was responsible for signing 

 5   documents for students to travel.  It is always 

 6   important that students trust you on the 

 7   information you're giving.  Now, undocumented 

 8   students trust you more than ever, because they 

 9   know that for most of them, their lives are in 

10   your hands.  So we should not divulge information 

11   on those students.  They are coming to us to 

12   receive an education.  We are not there to police 

13   them.

14                Any order or policy that stalls 

15   progress and prohibits students from pursuing 

16   their education in New York State and throughout 

17   the nation is unjust and unfair.  We will 

18   continue to fight for justice and equality for 

19   those affected by this recent order.  This bill 

20   requires students from these seven countries -- 

21   that New York State will protect and support its 

22   international students despite immigration and 

23   refugee status.  This is another example of us 

24   banning the box.  Just remember, we will ban the 

25   box.  We will not ask for immigration status.


                                                               460

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Persaud.

 4                She has been heard on the appeal of 

 5   the ruling of the chair.  The question is on the 

 6   procedures of the house.  For the vote, all in 

 7   favor of overruling the ruling of the chair 

 8   signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (Response of "Nay.")

12                ACTING PRESIDENT GRIFFO:   The 

13   ruling of the chair is affirmed.

14               Read the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the first day of July.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Alcantara to explain her vote.

22                SENATOR ALCANTARA:   Thank you, 

23   Mr. President.

24                I rise today to introduce my first 

25   bill, one that addresses the serious issue of 


                                                               461

 1   suicide prevention that hit Latinos the hardest.  

 2   We are here all talking about immigration and how 

 3   much we want to do for immigration.  If you 

 4   really believe in immigration, this is a perfect 

 5   step for you to take and support my bill.  

 6                Latinos constitute 30.5 percent of 

 7   the population of the State of New York.  And I 

 8   stand today in a body that talks about diversity 

 9   and defending the rights of immigrants.  As the 

10   only Latina Senator in the State of New York, I 

11   urge my colleagues to please support this bill.  

12   And instead of playing politics, let's walk the 

13   walk and support immigration.

14                I come from a district where the 

15   politics of Donald Trump are very damaging.  I 

16   represent Washington Heights, one of the largest 

17   Latino groups in the City of New York.  As I 

18   recall, I was the only Senator that protested on 

19   Fifth Avenue the day of his inauguration and got 

20   arrested.  I am the only Senator that marched on 

21   Dr. Martin Luther King's birthday with the 

22   Reverend Al Sharpton, sending the new 

23   administration a message that we are not going 

24   back, that we are going to protect the rights of 

25   immigrants, our voting rights, and a woman's 


                                                               462

 1   right to choose.  

 2                I will continue to speak out, as the 

 3   rest of my colleagues in the Independent 

 4   Democratic Conference, in defense of immigrants.  

 5   Because, as you know, I am an immigrant.  You can 

 6   tell by the way I speak.

 7                I urge all of my colleagues to 

 8   please support this bill.  I came to Albany with 

 9   a promise to fight on behalf of Latinos.  19.1 

10   percent of Latinos, high school age, have 

11   attempted suicide.  And I want to go back to my 

12   district and say that my colleagues not only talk 

13   about immigration, in supporting, but that they 

14   actually come out and support immigrants.  

15                Our eight-member conference, the 

16   Senate Independent Democratic Conference, we have 

17   come together and we have decided that my 

18   district will be a sanctuary district.  Our 

19   district, my office will be open to immigrants.  

20   We will provide legal assistance, counseling, 

21   referral and social work.  So please, I urge my 

22   colleagues and all of you guys to please support 

23   my bill.  

24                Thank you.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               463

 1   Alcantara to be recorded in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 37:  Ayes, 56.  Nays, 1.  Senator Lanza 

 5   recorded in the negative.

 6                Absent from voting:  Senators 

 7   Larkin, Latimer, Marcellino and Perkins.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Senator Valesky.

11                SENATOR VALESKY:   Mr. President, I 

12   just want to point out to my colleagues that this 

13   is Senator Alcantara's first piece of 

14   legislation.

15                (Applause.)

16                ACTING PRESIDENT GRIFFO:    

17   Congratulations, Senator Alcantara.

18                Senator DeFrancisco, that concludes 

19   the controversial reading of today's active-list 

20   calendar.

21                SENATOR DeFRANCISCO:   Thank you.

22                Before I ask you to gavel out, 

23   there's a Higher Education Committee meeting 

24   immediately following session in Room 807 of the 

25   LOB.


                                                               464

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   an immediate meeting following session of the 

 3   Higher Education Committee in Room 807 of the 

 4   LOB.

 5                Senator DeFrancisco.  

 6                SENATOR DeFRANCISCO:   Secondly, we 

 7   want to wish happy birthday to Senator Funke.

 8                (Applause.)

 9                ACTING PRESIDENT GRIFFO:   Happy 

10   birthday, Senator Funke.

11                SENATOR DeFRANCISCO:   He's 39 

12   today.

13                (Laughter.)

14                SENATOR DeFRANCISCO:  Is there any 

15   further business at the desk?

16                ACTING PRESIDENT GRIFFO:   There is 

17   no further business before the desk.

18                SENATOR DeFRANCISCO:   Then I move 

19   to adjourn until Tuesday, July 31st {sic}, at 

20   11:00 a.m.

21                ACTING PRESIDENT GRIFFO:   On 

22   motion, the Senate will stand adjourned until --

23                SENATOR DeFRANCISCO:   January 31st.

24                ACTING PRESIDENT GRIFFO:   -- 

25   Tuesday, January 31st, at 11:00 a.m.  We'd love 


                                                               465

 1   to see some of that warm weather, though.

 2                SENATOR DeFRANCISCO:   I was trying 

 3   to move things along, Mr. President.  

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Senate stands adjourned until Tuesday, 

 6   January 31st, at 11:00 a.m.  

 7                Senate is adjourned.

 8                (Whereupon, the Senate adjourned at 

 9   5:11 p.m.) 

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