Regular Session - June 20, 2018

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 20, 2018

11                     12:28 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 and 

 5   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 today, I ask that you bow your 

11   heads in a moment of silent prayer and reflect on 

12   Mark, Chapter 13:  But about that end day or 

13   hour, no one knows, not even the angels in 

14   heaven, nor the Son, only the Father.  

15                (Laughter.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco.

18                SENATOR DeFRANCISCO:   Would you 

19   mind checking with the Father so we know what 

20   time we're leaving tonight?  

21                (Laughter.)

22                ACTING PRESIDENT GRIFFO:   The 

23   reading of the Journal.

24                THE SECRETARY:   In Senate, Tuesday, 

25   June 19th, the Senate met pursuant to 


                                                               4303

 1   adjournment.  The Journal of Monday, June 18th, 

 2   was read and approved.  On motion, Senate 

 3   adjourned.

 4                ACTING PRESIDENT GRIFFO:   Without 

 5   objection, the Journal will stand approved as 

 6   read.

 7                Presentation of petitions.

 8                Messages from the Assembly.

 9                The Secretary will read.

10                THE SECRETARY:   On page 14, 

11   Senator Ritchie moves to discharge, from the 

12   Committee on Rules, Assembly Bill Number 3210A 

13   and substitute it for the identical Senate 

14   Bill 5860A, Third Reading Calendar 401.

15                On page 19, Senator Hannon moves to 

16   discharge, from the Committee on Rules, 

17   Assembly Bill Number 1647 and substitute it for 

18   the identical Senate Bill 2273, Third Reading 

19   Calendar 558.

20                On page 28, Senator Marcellino moves 

21   to discharge, from the Committee on Rules, 

22   Assembly Bill Number 208E and substitute it for 

23   the identical Senate Bill 2587E, Third Reading 

24   Calendar 785.  

25                On page 31, Senator Ritchie moves to 


                                                               4304

 1   discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10311B and substitute it for 

 3   the identical Senate Bill 7373C, Third Reading 

 4   Calendar 849.

 5                On page 34, Senator Marchione moves 

 6   to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 11044 and substitute it for 

 8   the identical Senate Bill 7946, Third Reading 

 9   Calendar 947.

10                On page 40, Senator Ranzenhofer 

11   moves to discharge, from the Committee on 

12   Finance, Assembly Bill Number 2688B and 

13   substitute it for the identical Senate Bill 

14   3780B, Third Reading Calendar 1099.

15                On page 57, Senator Helming moves to 

16   discharge, from the Committee on Rules, 

17   Assembly Bill Number 10648 and substitute it for 

18   the identical Senate Bill 8522A, Third Reading 

19   Calendar 1426.

20                And on page 59, Senator Marcellino 

21   moves to discharge, from the Committee on 

22   Education, Assembly Bill Number 10472 and 

23   substitute it for the identical Senate Bill 8331, 

24   Third Reading Calendar 1463.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4305

 1   substitutions are so ordered as read and 

 2   presented.

 3                Messages from the Governor.

 4                Reports of standing committees.

 5                Reports of select committees.

 6                Communications and reports of state 

 7   officers.

 8                Motions and resolutions.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   I'd like to 

11   call an immediate meeting of the Rules Committee 

12   in Room 332.

13                ACTING PRESIDENT GRIFFO:   There 

14   will be an immediate meeting of the Rules 

15   Committee in Room 332.

16                The Senate will stand at ease.

17                (Whereupon, the Senate stood at ease 

18   at 12:31 p.m.)

19                (Whereupon, the Senate reconvened at 

20   12:54 p.m.)

21                ACTING PRESIDENT GRIFFO:   The 

22   Senate will return to order.

23                Senator DeFrancisco.  

24                SENATOR DeFRANCISCO:   Yes, is there 

25   a report of the Rules Committee at the desk?  


                                                               4306

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   a Committee on Rules report at the desk.  

 3                The Secretary will read.

 4                THE SECRETARY:   Senator Flanagan, 

 5   from the Committee on Rules, reports the 

 6   following bills:  

 7                Senate Print 321A, by Senator 

 8   Robach, an act to amend the Education Law; 

 9                Senate 710, by Senator Carlucci, an 

10   act to amend the Mental Hygiene Law; 

11                Senate 794A, by Senator Alcantara, 

12   an act to amend the Education Law;

13                Senate 858, by Senator Young, an act 

14   to amend the Executive Law; 

15                Senate 994C, by Senator Bonacic, an 

16   act to amend the General Municipal Law; 

17                Senate 1036, by Senator Carlucci, an 

18   act to amend the Tax Law; 

19                Senate 1518A, by Senator Avella, an 

20   act authorizing;

21                Senate 2356A, by Senator Parker, an 

22   act to amend the Public Service Law; 

23                Senate 2484, by Senator Golden, an 

24   act to amend the Uniform Commercial Code; 

25                Senate 2651, by Senator Klein, an 


                                                               4307

 1   act to amend the General Business Law; 

 2                Senate 2932A, by Senator Dilan, an 

 3   act to amend the Vehicle and Traffic Law;

 4                Senate 3665, by Senator Klein, an 

 5   act to amend the Insurance Law; 

 6                Senate 3891, by Senator Funke, an 

 7   act to amend the Parks, Recreation and Historic 

 8   Preservation Law; 

 9                Senate 4207, by Senator Dilan, an 

10   act to authorize;

11                Senate 5055, by Senator Kennedy, an 

12   act to amend the Highway Law;

13                Senate 5096C, by Senator Young, an 

14   act to amend the State Finance Law; 

15                Senate 5481A, by Senator Murphy, an 

16   act to direct;

17                Senate 5663, by Senator Parker, an 

18   act to amend the Social Services Law; 

19                Senate 5743A, by Senator Marcellino, 

20   an act to grant; 

21                Senate 5887A, by Senator Golden, an 

22   act to amend the Tax Law;

23                Senate 5970, by Senator Klein, an 

24   act to amend the Insurance Law;

25                Senate 6285, by Senator Golden, an 


                                                               4308

 1   act to amend the Tax Law; 

 2                Senate 6325, by Senator Golden, an 

 3   act to amend the Tax Law; 

 4                Senate 6405, by Senator Bonacic, an 

 5   act to amend the Tax Law;

 6                Senate 6603, by Senator Hannon, an 

 7   act to amend the Environmental Conservation Law;

 8                Senate 6647B, by Senator Helming, an 

 9   act to amend the Tax Law; 

10                Senate 6730B, by Senator Lanza, an 

11   act granting; 

12                Senate 6814B, by Senator Young, an 

13   act to authorize;

14                Senate 6948A, by Senator Hannon, an 

15   act to amend the Public Health Law; 

16                Senate 7891, by Senator Little, an 

17   act to amend the Executive Law;

18                Senate 7957A, by Senator Marchione, 

19   an act to amend the Environmental Conservation 

20   Law; 

21                Senate 8207, by Senator Hannon, an 

22   act to amend the Vehicle and Traffic Law; 

23                Senate 8225, by Senator Ranzenhofer, 

24   an act to amend the Public Service Law;

25                Senate 8298, by Senator Gallivan, an 


                                                               4309

 1   act to amend the Domestic Relations Law;

 2                Senate 8375, by Senator Gallivan, an 

 3   act to amend the Tax Law; 

 4                Senate 8392A, by Senator Hannon, an 

 5   act to amend the Public Health Law;

 6                Senate 8441B, by Senator Phillips, 

 7   an act to amend the Insurance Law;

 8                Senate 8602A, by Senator Griffo, an 

 9   act to amend the Public Service Law; 

10                Senate 8638, by Senator Gallivan, an 

11   act to amend the Not-For-Profit Corporation Law; 

12                Senate 8667, by Senator Amedore, an 

13   act to amend the Racing, Pari-Mutuel Wagering and 

14   Breeding Law;

15                Senate 8699, by Senator Gallivan, an 

16   act to amend the Not-For-Profit Corporation Law; 

17                Senate 8781, by Senator Phillips, an 

18   act to amend the Education Law;

19                Senate 8808A, by Senator Tedisco, an 

20   act to amend the Public Authorities Law; 

21                Senate 8845A, by Senator Akshar, an 

22   act creating; 

23                Senate 8870A, by Senator Ritchie, an 

24   act to amend the Executive Law; 

25                Senate 8877, by Senator Tedisco, an 


                                                               4310

 1   act to amend the Racing, Pari-Mutuel Wagering and 

 2   Breeding Law; 

 3                Senate 8878, by Senator LaValle, an 

 4   act in relation to;

 5                Senate 8894, by Senator Little, an 

 6   act to amend the Executive Law; 

 7                Senate 8924, by Senator Seward, an 

 8   act to amend the Insurance Law; 

 9                Senate 8942, by Senator Hannon, an 

10   act to amend Part B of Chapter 57 of the Laws of 

11   2018; 

12                Senate 8992, by Senator Flanagan, an 

13   act to amend the Education Law;

14                Senate 9012, by Senator Persaud, an 

15   act to amend the Vehicle and Traffic Law; 

16                Senate 9040, by Senator Gallivan, an 

17   act to amend the Tax Law; 

18                Senate 9049, by Senator Marchione, 

19   an act to amend the Highway Law;

20                Senate 9050, by Senator Marchione, 

21   an act to amend the Highway Law;

22                Senate 9051, by Senator Marchione, 

23   an act to amend the Highway Law; 

24                Senate 9073, by Senator Felder, an 

25   act to amend the Education Law; 


                                                               4311

 1                Senate 9103A, by Senator LaValle, an 

 2   act authorizing; 

 3                Senate 9104, by the Senate Committee 

 4   on Rules, an act to amend Chapter 88 of the Laws 

 5   of 2009; 

 6                And Senate 9105, by Senator Ortt, an 

 7   act to amend the General Business Law.

 8                All bills reported direct to third 

 9   reading.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   Move to 

13   accept the report of the Rules Committee.  

14                ACTING PRESIDENT GRIFFO:   All in 

15   favor of accepting the Committee on Rules report 

16   say aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT GRIFFO:   Opposed?  

19                (No response.)

20                ACTING PRESIDENT GRIFFO:   The 

21   Rules Committee report is accepted and before the 

22   house.

23                SENATOR DeFRANCISCO:   Can we go 

24   back to messages from the Assembly.

25                ACTING PRESIDENT GRIFFO:   We will 


                                                               4312

 1   return to messages from the Assembly.  

 2                The Secretary will read.

 3                THE SECRETARY:   Senator Young moves 

 4   to discharge, from the Committee on Finance, 

 5   Assembly Bill Number 1789 and substitute it for 

 6   the identical Senate Bill 858, Third Reading 

 7   Calendar 2028.

 8                Senator Lanza moves to discharge, 

 9   from the Committee on Rules, Assembly Bill Number 

10   8411B and substitute it for the identical 

11   Senate Bill 6730B, Third Reading Calendar 2051.

12                Senator Parker moves to discharge, 

13   from the Committee on Energy and 

14   Telecommunications, Assembly Bill Number 2892A 

15   and substitute it for the identical Senate Bill 

16   2356A, Third Reading Calendar 2032.

17                Senator Murphy moves to discharge, 

18   from the Committee on Rules, Assembly Bill 

19   Number 7402A and substitute it for the identical 

20   Senate Bill 5481A, Third Reading Calendar 2041.

21                Senator Little moves to discharge, 

22   from the Committee on Rules, Assembly Bill 

23   Number 9886 and substitute it for the identical 

24   Senate Bill 7891, Third Reading Calendar 2054.

25                Senator Marchione moves to 


                                                               4313

 1   discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10070A and substitute it for 

 3   the identical Senate Bill 7957A, Third Reading 

 4   Calendar 2055.

 5                Senator Ranzenhofer moves to 

 6   discharge, from the Committee on Corporations, 

 7   Authorities and Commissions, Assembly Bill 

 8   Number 7183A and substitute it for the identical 

 9   Senate Bill 8225, Third Reading Calendar 2057.

10                Senator Gallivan moves to discharge, 

11   from the Committee on Rules, Assembly Bill 

12   Number 10795 and substitute it for the identical 

13   Senate Bill 8298, Third Reading Calendar 2058.

14                Senator Hannon moves to discharge, 

15   from the Committee on Rules, Assembly Bill 

16   Number 10675 and substitute it for the identical 

17   Senate Bill 8392A, Third Reading Calendar 2060.

18                Senator Griffo moves to discharge, 

19   from the Committee on Rules, Assembly Bill 

20   Number 11099 and substitute it for the identical 

21   Senate Bill 8602A, Third Reading Calendar 2062.

22                Senator Gallivan moves to discharge, 

23   from the Committee on Rules, Assembly Bill 

24   Number 10534 and substitute it for the identical 

25   Senate Bill 8638, Third Reading Calendar 2063.


                                                               4314

 1                Senator Gallivan moves to discharge, 

 2   from the Committee on Corporations, Authorities 

 3   and Commissions, Assembly Bill Number 10336A and 

 4   substitute it for the identical Senate Bill 8699, 

 5   Third Reading Calendar 2065.

 6                Senator Tedisco moves to discharge, 

 7   from the Committee on Rules, Assembly Bill 

 8   Number 10756A and substitute it for the identical 

 9   Senate Bill 8808A, Third Reading Calendar 2067.

10                Senator Akshar moves to discharge, 

11   from the Committee on Rules, Assembly Bill 

12   Number 10774A and substitute it for the identical 

13   Senate Bill 8845A, Third Reading Calendar 2068.

14                Senator Ritchie moves to discharge, 

15   from the Committee on Rules, Assembly Bill 

16   Number 10744A and substitute it for the identical 

17   Senate Bill 8870A, Third Reading Calendar 2069.

18                Senator Little moves to discharge, 

19   from the Committee on Rules, Assembly Bill 

20   Number 11128 and substitute it for the identical 

21   Senate Bill 8894, Third Reading Calendar 2072.

22                Senator Seward moves to discharge, 

23   from the Committee on Rules, Assembly Bill 

24   Number 11043 and substitute it for the identical 

25   Senate Bill 8924, Third Reading Calendar 2073.


                                                               4315

 1                Senator Persaud moves to discharge, 

 2   from the Committee on Rules, Assembly Bill 

 3   Number 2620A and substitute it for the identical 

 4   Senate Bill 9012, Third Reading Calendar 2076.

 5                Senator Gallivan moves to discharge, 

 6   from the Committee on Rules, Assembly Bill 

 7   Number 11203 and substitute it for the identical 

 8   Senate Bill 9040, Third Reading Calendar 2077.

 9                And Senator Marchione moves to 

10   discharge, from the Committee on Rules, 

11   Assembly Bill Number 11001A and substitute it for 

12   the identical Senate Bill 9049, Third Reading 

13   Calendar 2078.

14                ACTING PRESIDENT GRIFFO:   The 

15   substitutions are so ordered as read and 

16   presented before the house.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Are you done?  

19                (Laughter.)

20                ACTING PRESIDENT GRIFFO:   Yes.

21                SENATOR DeFRANCISCO:   All right.  

22   In that case, since we're -- can we go back to 

23   motions and resolutions.

24                ACTING PRESIDENT GRIFFO:   We will 

25   return to motions and resolutions.


                                                               4316

 1                SENATOR DeFRANCISCO:   Can we take 

 2   up, simultaneously, two previously adopted 

 3   resolutions by Senator Marchione, 5803 and 5786, 

 4   read the titles of both only, and call on 

 5   Senator Marchione to speak.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read both titles.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 5803, by Senator Marchione, 

10   congratulating the Ichabod Crane Varsity Softball 

11   Team and Head Coach Tracy Nytransky upon the 

12   occasion of capturing the 2018 New York State 

13   Public High School Athletic Association Softball 

14   Class B Championship on June 9, 2018.

15                Legislative Resolution Number 5786, 

16   by Senator Marchione, congratulating 

17   scholar-athlete Ama Boham upon the capturing of 

18   the New York State New York State Public High 

19   School Athletic Association Girls Track and Field 

20   Hurdles Championship on June 9, 2018.

21                ACTING PRESIDENT GRIFFO:   Can I 

22   have some order, please.

23                Senator Marchione.

24                SENATOR MARCHIONE:   Thank you, 

25   Mr. President.


                                                               4317

 1                I rise to honor the outstanding 

 2   effort by scholar-athlete Ama Boham for winning 

 3   the Girls Track and Field 100-Meter Hurdles 

 4   New York State Championship this year.  In fact, 

 5   Ama broke her own school record, with a 

 6   blistering 14.69 time.  

 7                Ama, would you please rise?  

 8                Last year Ama became the first 

 9   female track athlete in school history to win a 

10   New York State championship, and this year became 

11   the only two-time winner.  

12                In addition to being an outstanding 

13   athlete, Ama is also an outstanding student who 

14   maintains a 99 average.  This dedication to 

15   excellence is shared by her teammates on the 

16   Girls Track Team, who have the highest scholastic 

17   average of any sports team at the Ichabod Crane 

18   School.

19                I want to congratulate Ama and ask 

20   her to remain standing while I talk about the 

21   Ichabod Crane Varsity Softball Team.

22                They had outstanding efforts this 

23   year at the Ichabod Crane Varsity Softball Team, 

24   and their coach Tracy Nytransky -- if she would 

25   stand, please -- for capturing the second 


                                                               4318

 1   Softball Class B New York State Championship.

 2                I would also like to congratulate 

 3   all of the dedicated team members, and if you 

 4   would please stand -- their coach, Coach 

 5   Nytransky, and her assistants, if you would 

 6   stand, Bob Wheeler and Chris Saccento -- on a 

 7   successful season.  Your 22 wins with only one 

 8   loss is a result of your hard work, your talent, 

 9   and your teamwork.  

10                In addition to being dedicated to 

11   the game you love, more importantly, you are 

12   dedicated to each other as a team, and that's a 

13   bond that will never be broken.

14                I'd like to just tell a little bit 

15   about what happened at the last game.  They were 

16   coming down from the Town of Moreau, and at 

17   Exit 12 they were met with people from the 

18   fire company and the ambulance corps and the 

19   police department from their area, with an escort 

20   that escorted them home.  It speaks so highly of 

21   the place that they come from, from being able to 

22   be so supported.  

23                I said to them a little earlier when 

24   I had an opportunity to meet them myself, that 

25   I've never seen so many students come down with 


                                                               4319

 1   so many parents.  That success that these girls 

 2   have had is a direct result of their talent, of 

 3   course; their love for the game; but also for the 

 4   selfless dedication of wonderful parents.

 5                So I congratulate all of you on a 

 6   great season.  And again, I congratulate Ama 

 7   Boham.  Congratulations to you.

 8                ACTING PRESIDENT GRIFFO:   Upon 

 9   behalf of the Senate -- 

10                (Standing ovation.)

11                ACTING PRESIDENT GRIFFO:    

12   Congratulations, Ama and the Ichabod Crane 

13   Softball Team.  Welcome and best of luck.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Yes, 

16   Mr. President.  Could you please recognize 

17   Senator Sanders for a very brief introduction.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Sanders.

20                SENATOR SANDERS:   Thank you, 

21   Mr. President.  That word is usually not used 

22   with me, but I'm going to prove that it is true 

23   today.

24                I have been blessed to have two 

25   young interns who have been working, 


                                                               4320

 1   international interns who have come to learn of 

 2   the American system, and they picked the best 

 3   office to learn of it.  And I want to introduce 

 4   to this great body Andres Fuentes, from Chile, 

 5   and Ms. Katrin Yeung -- you can stand up -- from 

 6   that faraway country of Canada.  

 7                So I want this body just to 

 8   recognize them, and I want to thank you for 

 9   working hard to learn of this system and to do 

10   wonderful things.  Thank you for your hard work.  

11                Mr. President, if the body would 

12   recognize them, I'd appreciate it.

13                ACTING PRESIDENT GRIFFO:   We 

14   recognize you and thank you for such an 

15   outstanding stewardship under the great mentor 

16   Senator Sanders.  So we hope it was rewarding for 

17   you, and we appreciate all the work you've done.  

18                So let's give them a round of 

19   applause. 

20                (Standing ovation.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   DeFrancisco.  

23                SENATOR DeFRANCISCO:   Thank you, 

24   Senator Sanders, for being true to your word.

25                Can we now take up the 


                                                               4321

 1   noncontroversial reading of the active list.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   185, by Senator Golden, Senate Print 2531, an act 

 6   to repeal Chapter 7 of Title 11 of the 

 7   Administrative Code of the City of New York.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   246, by Senator Golden, Senate Print 27, an act 

20   to amend the Criminal Procedure Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 5.  This 

24   act shall take effect on the 90th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4322

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Announce 

 4   the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 246, those recorded in the negative are 

 7   Senators Comrie, Gianaris, Hoylman, Kavanagh, 

 8   Krueger, Montgomery, Parker, Peralta, Sanders and 

 9   Sepúlveda.  Also Senator Alcantara in the 

10   negative.

11                Ayes, 49.  Nays, 11.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   378, by Senator Ritchie, Senate Print 7164A, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 8.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4323

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   401, substituted earlier by Member of the 

 4   Assembly Ortiz, Assembly Print 3210A, an act to 

 5   require.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   558, substituted earlier by Member of the 

18   Assembly Galef, Assembly Print 1647, an act to 

19   amend the Real Property Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the 90th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4324

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.  Nays, 1.  

 3   Senator Akshar recorded in the negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   670, by Senator Alcantara, Senate Print 7348, an 

 8   act to amend the Agriculture and Markets Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Marchione to explain her vote.

18                SENATOR MARCHIONE:   Yeah, I think 

19   that this is a really good bill, except that I 

20   think that if 25 percent of our food is being 

21   disposed of and the supermarkets are being 

22   required -- which is a really good thing -- to 

23   help feed the poor, I also think that that bill 

24   should have come with a tax credit so that the 

25   supermarkets that are giving the food away, it 


                                                               4325

 1   gets them benefits for the monies they've spent 

 2   on those foods that they're not able to sell and 

 3   that they're generous enough to give way.  

 4                So my vote on this is no just for 

 5   that reason.  I think it should have been a 

 6   two-prong approach where the supermarkets could 

 7   get some benefit for the generosity that they 

 8   would have.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Marchione to be recorded in the negative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 58.  Nays, 2.  

14   Senators Helming and Marchione recorded in the 

15   negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   785, substituted earlier by Member of the 

20   Assembly Lupardo, Assembly Print 208E, an act to 

21   amend the Vehicle and Traffic Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4326

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   849, substituted earlier by Member of the 

 9   Assembly Wallace, Assembly Print 10311B, an act 

10   directing.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT GRIFFO:   Announce 

19   the results.

20                THE SECRETARY:   In relation to 

21   Calendar 849, those recorded in the negative are 

22   Senators Alcantara, Avella, Bailey, Benjamin, 

23   Carlucci, Comrie, Dilan, Hamilton, Hoylman, 

24   Kavanagh, Krueger, Mayer, Montgomery, Peralta, 

25   Persaud, Savino, Sepúlveda, Serrano, Stavisky and 


                                                               4327

 1   Stewart-Cousins.  Also Senator Gianaris.  Also 

 2   Senator Klein.  Also Senator Breslin.  Also 

 3   Senator Sanders.  

 4                Ayes, 36.  Nays, 24.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   947, substituted earlier by the Assembly 

 9   Committee on Rules, Assembly Print 11044, an act 

10   to amend the General Municipal Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   In relation to 

19   Calendar 947, those recorded in the negative are 

20   Senators Avella, Comrie, Hoylman and Krueger.  

21   Also Senator Gianaris.

22                Ayes, 55.  Nays, 5.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   passes.

25                THE SECRETARY:   Calendar Number 


                                                               4328

 1   1099, substituted earlier by Member of the 

 2   Assembly Steck --

 3                SENATOR DeFRANCISCO:   Lay it aside 

 4   temporarily.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   will be laid aside temporarily.

 7                THE SECRETARY:   Calendar Number 

 8   1426, substituted earlier by Member of the 

 9   Assembly Stirpe, Assembly Print 10648, an act to 

10   amend the Education Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect January 1, 2020.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1463, substituted earlier by Member of the 

23   Assembly Lifton, Assembly Print 10472, an act to 

24   amend Chapter 352 of the Laws of 2005.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4329

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1819, by Senator Golden, Senate Print 1760, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 90th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Announce 

21   the results.

22                THE SECRETARY:   In relation to 

23   Calendar 819, those recorded in the negative are 

24   Senators Comrie, DeFrancisco, Kavanagh, Little 

25   and Montgomery.


                                                               4330

 1                Ayes, 55.  Nays, 5.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1822, by Senator Golden, Senate Print 2746, an 

 6   act to amend the Insurance Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.  Nays, 1.  

15   Senator Seward recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   1863, by Senator Golden, Senate Print 7901, an 

20   act to amend the Insurance Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4331

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   In relation to 

 4   Calendar 1863, those recorded in the negative are 

 5   Senators Comrie, Hoylman, Krueger and Sepúlveda.  

 6   Also Senator Kavanagh.  Also Senator Avella.  

 7   Also Senator Sanders.  

 8                Ayes, 53.  Nays, 7.  

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   1964, by Senator Murphy, Senate Print 8501B, an 

13   act to amend the Arts and Cultural Affairs Law.

14                SENATOR KLEIN:   Lay it aside.

15                ACTING PRESIDENT GRIFFO:   Lay it 

16   aside.

17                THE SECRETARY:   Calendar Number 

18   1991, by Senator Hoylman, Senate Print 9039B, an 

19   act to amend Chapter 592 of the Laws of 1998.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4332

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   2024, by Senator O'Mara, Senate Print 9106, an 

 7   act to amend the Environmental Conservation Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                Senator DeFrancisco, that concludes 

19   the noncontroversial reading of the active list, 

20   with one temporary lay-aside and one 

21   lay-it-aside.

22                SENATOR DeFRANCISCO:   Thank you, 

23   Mr. President.  

24                We also have another calendar, 

25   Senate Supplemental Calendar 58A, from the Rules 


                                                               4333

 1   Committee this morning.  I would like to first 

 2   take one bill and read it noncontroversial, and 

 3   take that up first.  And that's Calendar 2083, 

 4   Rules, Print Number 9104, which is on the last 

 5   page of the supplemental calendar.

 6                ACTING PRESIDENT GRIFFO:   We will 

 7   refer the members to Senate Supplemental 

 8   Calendar 58A, which was the Rules report that was 

 9   reported earlier, to Calendar Number 2083.  

10                And the Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   2083, by the Senate Committee on Rules --

13                SENATOR KLEIN:   Lay it aside, 

14   please.

15                ACTING PRESIDENT GRIFFO:   Can I 

16   just read it first.

17                THE SECRETARY:   -- Senate Print 

18   9104, an act to amend Chapter 88 of the Laws of 

19   2009.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is laid aside.

22                Senator DeFrancisco, that completes 

23   the noncontroversial reading of the bill that you 

24   have presented for the house from the 

25   supplemental calendar.


                                                               4334

 1                (Pause.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   DeFrancisco.  

 4                SENATOR DeFRANCISCO:   Yes, 

 5   Mr. President.  That bill has been laid aside.  

 6                Now we'd like to go to the 

 7   noncontroversial reading of the entire Senate 

 8   Supplemental Calendar 58A.

 9                ACTING PRESIDENT GRIFFO:   Okay, the 

10   Secretary will begin reading, noncontroversial, 

11   Senate Supplemental Calendar 58A.

12                Read.

13                THE SECRETARY:   Calendar Number 

14   2025, by Senator Robach, Senate Print 321A, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               4335

 1                THE SECRETARY:   Calendar Number 

 2   2026, by Senator Carlucci, Senate Print 710, an 

 3   act to amend the Mental Hygiene Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT GRIFFO:   Roll 

 9   call.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  Nays, 1.  

12   Senator Krueger recorded in the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2027, by Senator Alcantara, Senate Print 794A, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   In relation to 


                                                               4336

 1   Calendar 2027, those recorded in the negative are 

 2   Senators Akshar, Gallivan, Helming, Ortt and 

 3   Serino.  Also Senator Murphy.

 4                Ayes, 54.  Nays, 6.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2028, substituted earlier by Member of the 

 9   Assembly Peoples-Stokes, Assembly Print 1789, an 

10   act to amend the Executive Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.  Nays, 1.  

19   Senator Sanders recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                THE SECRETARY:   Calendar Number 

23   2029, by Senator Bonacic, Senate Print 994C, an 

24   act to amend the General Municipal Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4337

 1   last section.

 2                THE SECRETARY:   Section 10.  This 

 3   act shall take effect on the 180th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                SENATOR KLEIN:   Lay it aside.

 8                ACTING PRESIDENT GRIFFO:   Lay it 

 9   aside.

10                The Secretary will continue.

11                THE SECRETARY:   Calendar Number 

12   2030, by Senator Carlucci, Senate Print 1036, an 

13   act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2031, by Senator Avella, Senate Print 1518A, an 


                                                               4338

 1   act authorizing.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   2032, substituted earlier by Member of the 

14   Assembly Dilan, Assembly Print 2892A, an act to 

15   amend the Public Service Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take --

20                SENATOR KLEIN:   Lay it aside for 

21   the day.

22                ACTING PRESIDENT GRIFFO:   Lay this 

23   one aside for the day.

24                The Secretary will continue, 

25   Calendar 2033. 


                                                               4339

 1                THE SECRETARY:   Calendar Number 

 2   2033, by Senator Golden, Senate Print 2484, an 

 3   act to amend the Uniform Commercial Code.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   2034, by Senator Klein, Senate Print 2651, an act 

16   to amend the General Business Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 60th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4340

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   2035, by Senator Dilan, Senate Print 2932A, an 

 4   act to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect January 1, 2019.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2036, by Senator Klein, Senate Print 3665, an act 

17   to amend the Insurance Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 13.  This 

21   act shall take effect on the 180th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               4341

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2037, by Senator Funke, Senate Print 3891, an act 

 5   to amend the Parks, Recreation and Historic 

 6   Preservation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 60th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   In relation to 

15   Calendar 2037, those recorded in the negative are 

16   Senators Hoylman, Kavanagh and Krueger.  

17                Ayes, 57.  Nays, 3.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   2038, by Senator Dilan, Senate Print 4207, an act 

22   to authorize.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4342

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   In relation to 

 6   Calendar 2038, those recorded in the negative are 

 7   Senators Akshar, Bonacic and O'Mara.

 8                Ayes, 57.  Nays, 3.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   2039, by Senator Kennedy, Senate Print 5055, an 

13   act to amend the Highway Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2040, by Senator Young, Senate Print 5096C, an 


                                                               4343

 1   act to amend the State Finance Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the first of January.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   2041, substituted earlier by Member of the 

14   Assembly Pretlow, Assembly Print 7402A, an act to 

15   direct.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               4344

 1                THE SECRETARY:   Calendar Number 

 2   2042, by Senator Parker, Senate Print 5663, an 

 3   act to amend the Social Services Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   2043, by Senator Marcellino --

16                SENATOR DeFRANCISCO:   Lay it aside 

17   temporarily.

18                ACTING PRESIDENT GRIFFO:   Temporary 

19   lay-aside.

20                THE SECRETARY:   Calendar Number 

21   2044, by Senator Golden, Senate Print 5887A, an 

22   act to amend the Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 8.  This 


                                                               4345

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.  Nays, 3.  

 6   Senators Akshar, Krueger and Ortt recorded in the 

 7   negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   2045, by Senator Klein, Senate Print 5970, an act 

12   to amend the Insurance Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   2046, by Senator Golden, Senate Print 6285, an 

25   act to amend the Tax Law.


                                                               4346

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 180th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.  Nays, 1.  

 9   Senator Montgomery recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   2047, by Senator Golden, Senate Print 6325, an 

14   act to amend the Tax Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   In relation to 

23   Calendar 2047, those recorded in the negative are 

24   Senators Gianaris, Hoylman, Krueger, Montgomery 

25   and Parker.  


                                                               4347

 1                Ayes, 55.  Nays, 5.  

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2048, by Senator Bonacic, Senate Print 6405, an 

 6   act to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.  Nays, 1.  

15   Senator Krueger recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   2049, by Senator Hannon, Senate Print 6603, an 

20   act to amend the Environmental Conservation Law.

21                SENATOR O'MARA:   Lay it aside.

22                ACTING PRESIDENT GRIFFO:   We'll do 

23   a temporary lay-aside on the bill.  

24                THE SECRETARY:   Calendar Number 

25   2050, by Senator Helming, Senate Print 6647B, an 


                                                               4348

 1   act to amend the Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.  Nays, 1.  

10   Senator Krueger recorded in the negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   2051, substituted earlier by Member of the 

15   Assembly Castorina, Assembly Print 8411B, an act 

16   granting.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:  The bill 


                                                               4349

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   2052, by Senator Young, Senate Print 6814B, an 

 4   act to authorize.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   2053, by Senator Hannon, Senate Print 6948A, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 90th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               4350

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   2054, substituted earlier by Member of the 

 5   Assembly Bichotte, Assembly Print 9886, an act to 

 6   amend the Executive Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   2055, substituted earlier by Member of the 

19   Assembly McDonald, Assembly Print 10070A, an act 

20   to amend the Environmental Conservation Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4351

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   2056, by Senator Hannon, Senate Print 8207, an 

 8   act to amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   2057, substituted earlier by Member of the 

21   Assembly Zebrowski, Assembly Print 7183A, an act 

22   to amend the Public Service Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4352

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   2058, substituted earlier by Member of the 

10   Assembly Paulin, Assembly Print 10795, an act to 

11   amend the Domestic Relations Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.  Nays, 2.  

20   Senators O'Mara and Ranzenhofer recorded in the 

21   negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2059, by Senator Gallivan, Senate Print 8375, an 


                                                               4353

 1   act to amend the Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first day of a 

 6   quarterly sales tax period.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   2060, substituted earlier by Member of the 

15   Assembly Gottfried, Assembly Print 10675, an act 

16   to amend the Public Health Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4354

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   2061, by Senator Phillips, Senate Print 8441B, an 

 4   act to amend the Insurance Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 8.  This 

 8   act shall take effect January 1, 2020.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Phillips to explain her vote.

14                SENATOR PHILLIPS:   Thank you, 

15   Mr. President.  

16                I rise today because I really 

17   believe that this is landmark legislation for 

18   families in New York State, and I'm truly honored 

19   to have this measure before us.

20                You know, I met a family yesterday 

21   with a 2-year-old little boy who literally, this 

22   woman and this family -- she dropped out of 

23   medical school and spent $160,000 of her own 

24   money to fulfill a dream that this family so 

25   desperately wanted.  


                                                               4355

 1                New York State employees have these 

 2   benefits.  There is absolutely no reason why all 

 3   of New York State shouldn't have these benefits.

 4                However, bills like this do not just 

 5   come before us, and this is legislation that has 

 6   taken years to come by.  And I would be remiss 

 7   not giving Senator Savino a huge shout-out, 

 8   because this is legislation that she worked on 

 9   and graciously handed over to my office several 

10   months ago.  

11                So Senator Savino, thank you very 

12   much for your hard work, because this wouldn't 

13   have happened without you.

14                To my cosponsor Senator Little, I 

15   know Senator Helming and many others in my 

16   conference, thank you for hearing me out and 

17   thank you for supporting families here in 

18   New York State.

19                I'll be voting aye.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Phillips in the affirmative.

22                Senator Savino to explain her vote.

23                SENATOR SAVINO:   Thank you, 

24   Mr. President.

25                I want to thank Senator Phillips 


                                                               4356

 1   also for her work on this issue.  As she pointed 

 2   out, it's a bill that I have carried, a similar 

 3   bill, but recognizing how important it is that we 

 4   bring New York State into the modern era when it 

 5   comes to fertility services for struggling 

 6   families.  

 7                Senator Phillips and I and others 

 8   have seen how families have come forward after 

 9   spending almost their entire life savings in an 

10   effort to have a healthy child.  And the only 

11   thing standing in their way, oftentimes, is our 

12   outdated insurance laws.  So I want to thank her 

13   for her work, and I know that we have more work 

14   to do to get the Assembly to pass a companion 

15   bill.

16                And one other point I would like to 

17   make.  What's lost oftentimes is young people who 

18   suddenly find themselves facing a life 

19   threatening illness -- and now, because of modern 

20   science, they're able to preserve their 

21   fertility, so a round of chemotherapy and 

22   radiation doesn't rob them of the ability to have 

23   a family.  This bill also covers the ability to 

24   preserve your fertility for the future.  

25                It's not done yet.  Senator 


                                                               4357

 1   Phillips, I thank you for your work on it, but we 

 2   have more work to do.  And hopefully we will get 

 3   it done for families all across New York State.

 4                Thank you.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   I think Senator 

 8   Hoylman had his hand up first.

 9                ACTING PRESIDENT GRIFFO:   I'm going 

10   by what I was instructed from your desk.  

11                I can call on Senator Hoylman.  Go 

12   ahead, Senator Krueger yields.

13                SENATOR HOYLMAN:   Thank you.  Thank 

14   you, Senator Krueger.  Thank you, Mr. President.

15                I'm rising to oppose this bill.  I 

16   appreciate the intentions of the sponsor.  When 

17   the sponsor talks about families, though, it 

18   omits a particular kind of family, my family, an 

19   LGBT family.  In fact, I have knowledge that when 

20   this bill was negotiated before us, the provision 

21   that would provide nondiscrimination to LGBT 

22   families was expressly struck.  

23                And I find that, Mr. President, 

24   unacceptable, and I vote nay.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4358

 1   Hoylman is to be recorded in the negative.

 2                Senator Krueger now to explain her 

 3   vote.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.

 6                So this is a one-house bill.  And I 

 7   think it's an imperfect bill.  And I'm still not 

 8   sure how I'm voting.  The reasons that I want to 

 9   make clear here today is it's a one-house bill, 

10   so all the women who are hoping that we will 

11   accomplish something for them before we leave 

12   session, it isn't going to be possible.

13                But with all due respect about all 

14   the good things in the bill, as Senator Hoylman 

15   already highlighted, it requires you to first 

16   have had intercourse for 12 months and not gotten 

17   pregnant to be eligible for these services, so 

18   that's pretty much writing off the LGBTQ 

19   community right away.  And New York State should 

20   not be having discriminatory healthcare policy.

21                It also chooses to put a cap in, 

22   which, if you follow the ACA law, it's not clear 

23   we're supposed to provide caps for anything.  

24   Lifetime caps are no longer allowed in insurance 

25   for other things, so I have concern about putting 


                                                               4359

 1   a lifetime cap in in this situation.  

 2   Particularly because if you talk to people, you 

 3   learn that $50,000 in IVF may not go that far.

 4                It also -- excuse me, Mr. President.  

 5   It also assumes that insurance companies can ask 

 6   you about a preexisting condition because they 

 7   can require you let them know your history of 

 8   infertility and treatments prior to receiving 

 9   this insurance, I assume to calculate your 

10   lifetime cap.  And I get that they would have to 

11   ask that to calculate a lifetime cap.  But then 

12   we're walking into the territory of reviewing 

13   someone's preexisting condition, and I know 

14   that's not allowed in New York State law, even 

15   before the ACA.  

16                So I struggle because I so want us 

17   to accomplish it.  But I think that I will have 

18   to be a no today, hoping that we can resolve all 

19   these things with a good two-house bill in the 

20   future.

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Krueger in the negative.

24                Senator Akshar to explain his vote.

25                SENATOR AKSHAR:   I just want to 


                                                               4360

 1   make a point very quickly if I can.  

 2                Sometimes one-house bills start a 

 3   conversation and foster compromise in bringing 

 4   people together.  So I know Senator Krueger 

 5   raises a lot of points, a lot of issues that she 

 6   thinks need to be addressed, but nonetheless I 

 7   think we should still be advancing this 

 8   particular conversation.

 9                I do just want to make one point 

10   very clear, if I may.  Senator LaValle, in 2002, 

11   passed a very similar bill as well.  So I think 

12   there are a lot of people in this great house 

13   over the course of time that have carried the 

14   torch on this -- Senator Savino, Senator Phillips 

15   and Senator LaValle.

16                So I vote aye.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Akshar in the affirmative.

19                Senator Jacobs to explain his vote.

20                SENATOR JACOBS:   Thank you, 

21   Mr. President.

22                I want to thank the sponsor and 

23   everybody that's worked on this.  I also 

24   appreciate the discussion of the issues that were 

25   raised just now by Senator Hoylman and others.


                                                               4361

 1                As was mentioned, this bill is a 

 2   one-house bill, so it is more likely than not 

 3   that it will not be progressing into law at this 

 4   point in time.  I also have introduced a bill 

 5   that was a narrower bill in regards to 

 6   individuals that are in cancer treatment and 

 7   their ability to preserve eggs for the ability in 

 8   the future to have children.  

 9                But I am listening -- with the 

10   issues and concerns that were raised by 

11   Mr. Hoylman, Senator Hoylman, I would say I'm 

12   going to vote aye today, knowing that this is a 

13   one-house bill, with hopes that we can work 

14   together and make this more of an all-inclusive 

15   bill to achieve the goal for anybody who wants to 

16   have a child.  

17                Thank you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Jacobs in the affirmative.

20                Announce the result.

21                THE SECRETARY:   In relation to 

22   Calendar 2061, those recorded in the negative are 

23   Senators Amedore, DeFrancisco, Dilan, Gallivan, 

24   Hoylman, Kavanagh, Krueger and Ortt.  Also 

25   Senator Kaminsky.


                                                               4362

 1                Ayes, 51.  Nays, 9.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2062, substituted earlier by the Assembly 

 6   Committee on Rules, Senate Print 11099, an act to 

 7   amend the Public Service Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

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

12   same manner as a chapter of the Laws of 2018.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   2063, substituted earlier by Member of the 

21   Assembly Paulin, Assembly Print 10534, an act to 

22   amend the Not-For-Profit Corporation Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4363

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.  

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   passes.

 8                THE SECRETARY:   Calendar Number 

 9   2064, by Senator Amedore, Senate Print 8667, an 

10   act to amend the Racing, Pari-Mutuel Wagering and 

11   Breeding Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT GRIFFO:   Announce 

20   the results.

21                THE SECRETARY:   In relation to 

22   Calendar 2064, those recorded in the negative are 

23   Senators Bonacic, Dilan, Hannon, Hoylman, Krueger 

24   and Marcellino.

25                Ayes, 54.  Nays, 6.


                                                               4364

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.  

 3                THE SECRETARY:   Calendar Number 

 4   2065, substituted earlier by Member of the 

 5   Assembly Paulin, Assembly Print 10336A, an act to 

 6   amend the Not-For-Profit Corporation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.  Nays, 2.  

15   Senators Kaminsky and Ranzenhofer recorded in the 

16   negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   2066, by Senator Phillips, Senate Print 8781, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4365

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   2067, substituted earlier by Member of the 

 9   Assembly Steck, Assembly Print 10756A, an act to 

10   amend the Public Authorities Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   2068, substituted earlier by Member of the 

23   Assembly Lupardo, Assembly Print 10774A, an act 

24   creating.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4366

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   2069, substituted earlier by Member of the 

12   Assembly Peoples-Stokes, Assembly Print 10744A, 

13   an act to amend the Executive Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2070, by Senator Tedisco, Senate Print 8877, an 


                                                               4367

 1   act to amend the Racing, Pari-Mutuel Wagering and 

 2   Breeding Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   2071, by Senator LaValle, Senate Print 8878, an 

15   act in relation to.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               4368

 1                THE SECRETARY:   Calendar Number 

 2   2072, substituted earlier by the Assembly 

 3   Committee on Rules, Assembly Print 11128, an act 

 4   to amend the Executive Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2073, substituted earlier by the Assembly 

17   Committee on Rules, Assembly Print 11043, an act 

18   to amend the Insurance Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the first of January.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4369

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2074, by Senator Hannon, Senate Print 8942, an 

 6   act to amend Part B of Chapter 57 of the Laws of 

 7   2018.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   2075, by Senator Flanagan, Senate Print 8992, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 14.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4370

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Kaminsky to explain his vote.

 5                SENATOR KAMINSKY:   So this is one 

 6   of the critical issues we've been dealing with.  

 7   I have about 13,000 public school teachers in my 

 8   district.  

 9                Teachers just want to be able to 

10   teach again; we could all agree on that.  They're 

11   tired of their paperwork, they're tired of having 

12   to teach to a test.  The fun of their job and the 

13   fun of our students learning has been taken out 

14   of their classroom.  

15                So why can't we just deal with that 

16   today and get that done and not attach it to 

17   anything else and hold it hostage to a political 

18   process?  We all want to make points, we all want 

19   to get things done, but we've got like seven 

20   hours to go and we're not going to resolve one of 

21   these major issues.  

22                So let's just cut this loose, let's 

23   get APPR out of the way, let's let our teachers 

24   teach again, and let's move on with it.  I vote 

25   in the negative.


                                                               4371

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Kaminsky in the negative.

 3                Announce the results.  

 4                THE SECRETARY:   In relation to 

 5   Calendar 2075, those recorded in the negative are 

 6   Senators Alcantara, Avella, Bailey, Benjamin, 

 7   Breslin, Brooks, Carlucci, Comrie, Dilan, 

 8   Gianaris, Hoylman, Kaminsky, Kavanagh, Kennedy, 

 9   Krueger, Mayer, Montgomery, Persaud, Sanders, 

10   Sepúlveda, Serrano and Stavisky.  Also 

11   Senator Hamilton.  Also Senator Peralta.  Also 

12   Senator Stewart-Cousins.  

13                Ayes, 35.  Nays, 25.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2076, substituted earlier by Member of the 

18   Assembly Perry, Assembly Print 2620A, an act to 

19   amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4372

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   2077, substituted earlier by the Assembly 

 7   Committee on Rules, Assembly Print 11203, an act 

 8   to amend the Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first day of the 

13   sales tax quarterly period.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   2078, substituted earlier by Member of the 

22   Assembly Ashby, Assembly Print 11001A, an act to 

23   amend the Highway Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4373

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   2079, by Senator Marchione, Senate Print 9050, an 

11   act to amend the Highway Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                THE SECRETARY:   Calendar Number 

23   2080, by Senator Marchione, Senate Print 9051, an 

24   act to amend the Highway Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4374

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   2081, by Senator Felder, Senate Print 9073, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.  Nays, 1.  

21   Senator Mayer recorded in the negative.  

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2082, by Senator LaValle, Senate Print 9103A, an 


                                                               4375

 1   act authorizing.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 14.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Can I 

10   have some order in the chamber to call the roll.  

11                Senator Stavisky to explain her 

12   vote.

13                SENATOR STAVISKY:   Thank you, 

14   Mr. President.  

15                This bill was introduced Sunday, and 

16   it's very similar to a bill that we considered in 

17   the Higher Education Committee some weeks ago.  

18   For some reason, a new bill was introduced 

19   covering many of the same points.  

20                And very briefly, I vote no because 

21   I'm concerned with privatizing, through this 

22   company Staffco, a public institution.

23                Secondly, I'm troubled by the 

24   pitting of classified workers versus unclassified 

25   workers, because it's very difficult to work --


                                                               4376

 1                ACTING PRESIDENT GRIFFO:   Excuse 

 2   me, Senator Stavisky.  

 3                Can I have some order in the house, 

 4   please.

 5                Senator Stavisky.

 6                SENATOR STAVISKY:   -- because it's 

 7   very difficult to work side by side with people 

 8   in different job classifications.  

 9                I raised these issues in committee.  

10   They have not been resolved in the new bill.  

11   There is a ten-year period of time between the 

12   date of enactment and the time period when this 

13   has to be finalized, when the lease has to be 

14   signed.  We have 10 years to study this, not a 

15   few days.  

16                And for that reason, Mr. Speaker, 

17   and my concerns with transparency, I vote no.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Stavisky to be recorded in the negative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 2082, those recorded in the negative are 

23   Senators Alcantara, Avella, Benjamin, Comrie, 

24   Krueger, Peralta, Sanders, Savino, Sepúlveda and 

25   Stavisky.  


                                                               4377

 1                Ayes, 50.  Nays, 10.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   2084, by Senator Ortt, Senate Print 9105, an act 

 6   to amend the General Business Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   In relation to 

18   Calendar 2084:  Ayes, 59.  Nays, 1.  Senator 

19   Krueger recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   still passes.

22                Senator DeFrancisco, that concludes 

23   the noncontroversial reading of today's Senate 

24   Supplemental Calendar 58A.

25                SENATOR DeFRANCISCO:   Thank you, 


                                                               4378

 1   Mr. President.

 2                Would you now recognize Senator 

 3   Flanagan for an introduction.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Flanagan for the purposes of an introduction.

 6                Again, we have a lot of guests in 

 7   the chamber and a lot of conversations taking 

 8   place, so I'd ask if you could take the 

 9   conversations outside the chamber and if we can 

10   give our attention to the members as they're 

11   speaking.

12                Senator Flanagan.

13                SENATOR FLANAGAN:   Thank you, 

14   Mr. President.

15                We have with us today, on the last 

16   day of session, we have special guests, one of 

17   whom is a gentleman I've known for many years who 

18   always has a beaming smile; many of us know him 

19   in this room.  That's Mr. Bobby Kumar, who hails 

20   from Nassau County.  

21                We are also joined by Mr. Chendra 

22   and Mr. Chatwal, who are honored guests here.  

23   One of these gentlemen serves in an elected 

24   capacity in India, and we are delighted to have 

25   you with us here today, as you can see how we 


                                                               4379

 1   deliberate.  Based on how the day may unfold, we 

 2   may be seeking your guidance and your counsel in 

 3   terms of how to run this place.  

 4                But I know Senator Marcellino has 

 5   been kind enough to speak with you gentlemen.  

 6   And for our members, these gentleman are part of 

 7   an entity that does all kinds of work around the 

 8   world, but they happen to be working in 

 9   Sullivan County, I think in Monticello in 

10   particular, in Senator Bonacic's district.  

11                And they are wholly into a wide 

12   variety of things, including healthcare and 

13   something that I only know about in the abstract, 

14   and that's yoga in particular.  So they're 

15   opening up a very large facility.  

16                Mr. President, I want to just add my 

17   voice and welcome these folks here to our Senate 

18   chamber.  

19                And if you would call on 

20   Senator Bonacic.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Bonacic.

23                SENATOR BONACIC:   I would like to 

24   join with Senator Flanagan to welcome you here 

25   today to the chambers.  


                                                               4380

 1                I know tomorrow is a very special 

 2   day.  Tomorrow will be cutting the ribbon for a 

 3   resort that they have built in Sullivan County, 

 4   and there will be a visual from the prime 

 5   minister of India calling to congratulate these 

 6   people for the hotel that they've built.  And 

 7   they've built hotels all over the world for 

 8   wellness, health.  This would be a high-end 

 9   hotel.  And they're coming to Sullivan County, 

10   which is a great place.  

11                And profit's not a dirty word, I 

12   want you to know that, and we wish you much 

13   success and good health.  Thank you for being 

14   here.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Bonacic.

17                We want to express, to Mr. Kumar and 

18   our guests that are here today, a very warm 

19   welcome.  We appreciate you joining us today and 

20   extend our best wishes to all of you.  

21                Let's recognize them, please.  

22                (Standing ovation.)

23                ACTING PRESIDENT GRIFFO:   Senator 

24   DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes, 


                                                               4381

 1   Mr. President, can we go back to the active list.

 2                ACTING PRESIDENT GRIFFO:   We will 

 3   return to the active list.

 4                SENATOR DeFRANCISCO:   And call up a 

 5   bill that was laid aside, Calendar 1964, by 

 6   Senator Murphy, and do the noncontroversial 

 7   reading.

 8                ACTING PRESIDENT GRIFFO:   We will 

 9   do the controversial reading --

10                SENATOR DeFRANCISCO:   Controversial 

11   reading.

12                ACTING PRESIDENT GRIFFO:   -- of 

13   Senator Murphy's bill, Senate Bill 8501B.  

14                The Secretary will ring the bell.  

15   And the Secretary will read.  

16                And again, I know we want to get 

17   some pictures and everything, but we're going to 

18   have to have the members -- Senator Gianaris, 

19   you're going to ask for an explanation?  Oh, 

20   okay.  As soon as we find Senator Hoylman, then 

21   we will begin the questioning, Senator Murphy.

22                I'm going to let the Secretary read 

23   the bill, okay, as we're waiting.  The Secretary 

24   will please read.  

25                THE SECRETARY:   Calendar Number 


                                                               4382

 1   1964, by Senator Murphy, Senate Print 8501B, an 

 2   act to amend the Arts and Cultural Affairs Law.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Murphy, Senator Hoylman has asked for an 

 5   explanation.  Or do you have questions?  

 6                SENATOR HOYLMAN:   Just questions.

 7                ACTING PRESIDENT GRIFFO:   Just 

 8   questions.  

 9                Senator Murphy, do you yield to 

10   Senator Hoylman?

11                SENATOR MURPHY:   Yes, 

12   Mr. President.

13                SENATOR HOYLMAN:   Thank you, 

14   Mr. President.  Thank you to the sponsor.  

15                Would the sponsor yield to a few 

16   questions?  I think the answer is yes.  I wanted 

17   to ask first -- as we know, the Pope visited 

18   New York City in 2015 and made sure that tickets 

19   were free.  Why doesn't the sponsor's bill 

20   address the issue of free tickets being sold on 

21   the secondary market?  

22                SENATOR MURPHY:   Sure.  Through 

23   you, Mr. President.  

24                Last year I sat here and let 

25   everybody know that I would be doing an awful lot 


                                                               4383

 1   of work to come back with something very 

 2   comprehensive.  This piece of legislation is 

 3   probably the most comprehensive piece of 

 4   legislation that has come through Government 

 5   Operations and Investigations in probably the 

 6   past 10 years.  

 7                What this bill does is it addresses 

 8   speculative tickets, that has been agreed upon by 

 9   our Attorney General and the Assembly.  It 

10   addresses a little bit of the bots violation, if 

11   there is one, and what kind of penalty would 

12   happen.  It also addresses disclosure -- prices, 

13   fees and charges -- to make sure people know 

14   exactly what they're paying for.  It also 

15   addresses the primary to secondary site transfer 

16   and what you need to do to disclose to a consumer 

17   that he or she is being redirected to a secondary 

18   site.

19                It also addresses the URL fraud.  So 

20   if you go to someone's website -- let's use the 

21   example of the Yankees -- you expect to be on the 

22   official website of the New York Yankees.  At 

23   times right now, you are not, you are actually on 

24   a secondary website.

25                This also addresses a 5 percent 


                                                               4384

 1   paperless ballpark pass for people that would 

 2   like to be able to afford to go to a ball game, 

 3   with regards to a specific number of games that 

 4   would be addressed and to a capacity of 30,000 

 5   people or more for a venue.

 6                It also -- it puts in a three-year 

 7   extender.  Because the definition of insanity is 

 8   doing this thing over and over and over and 

 9   expecting different results, and that's all we've 

10   been doing for the past few years, is one-year 

11   extenders.  So we put in a three-year extender.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Hoylman.

14                SENATOR HOYLMAN:   I don't think the 

15   sponsor answered my question about why the 

16   sponsor's bill does not address free tickets 

17   being sold on the secondary market.

18                SENATOR MURPHY:   So through you, 

19   Mr. President, there was an awful lot of work 

20   that has been put into this over the past year.  

21   And between the Attorney General's office and the 

22   Assembly and myself and any other person that has 

23   come in, it was never addressed.  It was never 

24   brought up.

25                ACTING PRESIDENT GRIFFO:   Perhaps, 


                                                               4385

 1   Senator Hoylman, if you did it through a rap, 

 2   like Senator Squadron used to, we could --

 3                SENATOR HOYLMAN:   Don't tempt me.

 4                SENATOR MURPHY:   Through you, 

 5   Mr. President, I promise I won't be rapping.

 6                SENATOR HOYLMAN:   Would the sponsor 

 7   continue to yield?

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR HOYLMAN:   Does the sponsor 

11   acknowledge that there is a problem with the sale 

12   of free tickets, like to the Pope, on the 

13   secondary market?

14                SENATOR MURPHY:   Sure.  Through 

15   you, Mr. President, absolutely.

16                SENATOR HOYLMAN:   Will the sponsor 

17   continue to yield?  

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR HOYLMAN:   Does the sponsor 

21   recognize the issue that happened back in 2012 

22   with the concert to benefit the victims of 

23   Hurricane Sandy, where tickets were sold for 

24   charity but resold on the open market, as much as 

25   $70,000 for a pair?  My question is, why doesn't 


                                                               4386

 1   the sponsor's bill address the issue of tickets 

 2   sold for charitable purposes on the secondary 

 3   market?

 4                SENATOR MURPHY:   Through you, 

 5   Mr. President.  Between the Attorney General's 

 6   office, the Assembly and myself, it was never 

 7   brought to our attention.

 8                SENATOR HOYLMAN:   Will the sponsor 

 9   continue to yield?  

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR MURPHY:   Of course.

13                SENATOR HOYLMAN:   Through you, 

14   Mr. President.  Did the sponsor have any public 

15   hearings on this legislation or any solicitation 

16   of public feedback before the bill was drafted?  

17                SENATOR MURPHY:   Through you, 

18   Mr. President.  I would just like to, for the 

19   record, let Senator Hoylman know that we've had 

20   meetings, close to 20 different meetings, which 

21   he's been invited to and has never shown up.  

22                So I've met with Vivid Seats, we've 

23   had a meeting with them.  I've had a meeting with 

24   StubHub.  I've had a meeting with Ticketmaster.  

25   I've had a meeting with Broadway.com.  I've had a 


                                                               4387

 1   meeting with the Yankees.  I've had a meeting 

 2   with MSG.  I've had a meeting with Broadway 

 3   League.  I've had a meeting with All Shows.  I've 

 4   had a meeting with producers.  I've had a meeting 

 5   with brokers.  I've had a meeting with 

 6   Tickets.net.  I've had a meeting with Field 

 7   Entertainment.  

 8                Those are just some of the meetings 

 9   that we've had collaboratively with a bunch of 

10   people that unfortunately I guess the Senator 

11   never had time to come.

12                SENATOR HOYLMAN:   Point of personal 

13   privilege.

14                ACTING PRESIDENT GRIFFO:   What is 

15   your point of privilege?  

16                SENATOR HOYLMAN:   For the record, 

17   the Senator never invited me.  And if he can 

18   produce any record, email, invitation, transcript 

19   to that effect, I'd be very eager to see that.  

20                But would the sponsor continue to 

21   yield?

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Murphy, would you continue to yield?

24                SENATOR MURPHY:   Yes, 

25   Mr. President.


                                                               4388

 1                SENATOR HOYLMAN:   The sponsor just 

 2   told us all the private interests with whom he 

 3   met, ranging from StubHub to Madison Square 

 4   Garden to the Yankees.  

 5                Did the sponsor meet with any 

 6   members of the public about a bill that is 

 7   supposed to protect consumers and fans?

 8                SENATOR MURPHY:   Meeting with the 

 9   public?  I met with as many people as I can, like 

10   I said I was going to do, Senator Hoylman.  

11                This is the bill that we've been 

12   working on for the past year.  And to come in -- 

13   let's -- let's -- to get an email or let me say a 

14   text message Friday morning at 11:27 from you 

15   with regards to having a bill that you would like 

16   to have introduced, I thought was just too much.

17                SENATOR HOYLMAN:   Would the sponsor 

18   continue to yield?  

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.  

21                And I'll ask the gentlemen to 

22   continue to stay focused on the bill-in-chief.

23                Senator Murphy yields.  Do you want 

24   to add something?

25                SENATOR MURPHY:   Yeah, through you, 


                                                               4389

 1   just that --

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Hoylman, do you object?  

 4                SENATOR MURPHY:   We've also 

 5   reviewed the AG's report that was -- that had a 

 6   lot of public complaints that were involved in it 

 7   too.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Hoylman.

10                SENATOR HOYLMAN:   Does the sponsor 

11   think that a consumer should know the established 

12   value of a ticket for which they are purposing -- 

13   for example, if you go onto StubHub, should a 

14   consumer be able to tell what the face value of a 

15   ticket is like a consumer can do in the United 

16   Kingdom if they go on StubHub to, say, purchase 

17   tickets for a concert?

18                SENATOR MURPHY:   Through you, 

19   Mr. President, I think that is -- I think that 

20   addresses that in our bill with the disclosure.

21                SENATOR HOYLMAN:   Would the sponsor 

22   continue to yield?  

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR HOYLMAN:   Can the sponsor 


                                                               4390

 1   explain why we do not have, yet, paperless 

 2   ticketing in the State of New York but one 

 3   organization managed to get a provision that 

 4   would allow the sale of paperless membership 

 5   passes for certain sports venues?  

 6                SENATOR MURPHY:   Oh, absolutely.  

 7   Through you, Mr. President.  So this is such a 

 8   big issue that this is kind of a pilot program 

 9   that we're trying to do for the State of New 

10   York.  That's why we tried to narrow it in, to 

11   make sure that as one lever goes forward, the 

12   other levers are not going back.  And that's why 

13   it's written very specific, for 5 percent, venues 

14   over 30,000 people.

15                SENATOR HOYLMAN:   On the bill, 

16   Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hoylman on the bill.

19                SENATOR HOYLMAN:   Thank you to the 

20   sponsor, although I believe there was a 

21   misrepresentation of the facts.  We can discuss 

22   that later.

23                I will say that the answers I 

24   received today were more than insufficient, they 

25   were confusing and didn't address the questions 


                                                               4391

 1   at hand.  For example, there is no requirement 

 2   that purchasers, consumers or fans see the face 

 3   value.  I think the sponsor would have you 

 4   believe otherwise.

 5                Yes, the provision does now permit 

 6   or require that sales taxes and other charges be 

 7   revealed, which is a positive step.  But it does 

 8   not require the face value.  So if you as a 

 9   consumer purchase a ticket on the secondary 

10   market, you won't know what the original price 

11   is.  You could be being ripped off.  If the event 

12   is canceled, you don't know what you're going to 

13   get in terms of a return.  That's one of 

14   many provisions.

15                And I think the problem, 

16   Mr. President, was identified by the sponsor.  He 

17   met with the wrong people.  He met with the 

18   lobbyists and the industry.  He met with the 

19   people who have the most money at stake.  But 

20   we -- the consumers, the fans and everyday 

21   New Yorkers -- I'm sorry to say were left out.

22                This is it.  This is our big chance 

23   at reform for the next three years.  To finally 

24   stand up for fans and everyday New Yorkers 

25   against those big corporate interests.  


                                                               4392

 1                I'm really disappointed we didn't do 

 2   more.  Especially for giving the ticket industry 

 3   three years of status quo.

 4                We should not throw away our shot at 

 5   fixing our ticket laws.  

 6                We should not throw away our shot!  

 7                Hey yo, for our music fans, 

 8                They're young, scrappy and hungry 

 9                And we should not throw away our 

10   shot!  

11                You shouldn't need a degree from 

12   Kings College, 

13                To understand our ticket laws, but 

14   dag, I'm amazed and astonished, 

15                The problem is we got too many 

16   lobbyists we must acknowledge, 

17                But what about the fans -- seems 

18   they gotta holler 

19                With every word, they could drop 

20   knowledge!  

21                But we had no hearings, or public 

22   debate -- instead we left it to the back room, 

23   the back room, which we hate, 

24                The back room, that was shrouded, 

25                There might not have been smoke but 


                                                               4393

 1   it sure was cloudy!  

 2                So I'm not surprised the fans got 

 3   ripped, with all that money at the table they was 

 4   bound to be gypped, 

 5                When the language of our laws has to 

 6   be written by the people who profit, our system 

 7   is sickened!  

 8                So fans won't see face value in this 

 9   law of the land, fans won't get holdbacks or free 

10   tickets banned, 

11                So if you wanna see the Pope, you're 

12   gonna pay a grand, 

13                Hey'd you read about the Sandy 

14   concert on the newsstand?  

15                On the other hand -- 

16                Right, there's some good things in 

17   the bill, stuff we had to do, 

18                Oh yeah, we helped out the Yankees, 

19   but what about you?  

20                At the end of the day, this much 

21   seems true:  The lobbyists ate our lunch -- and 

22   the fans' lunch, too!  

23                Mr. President, we should not throw 

24   away our shot.  I vote no.

25                ACTING PRESIDENT GRIFFO:   I don't 


                                                               4394

 1   know if you've made America's Got Talent, Senator 

 2   Hoylman.  

 3                (Laughter.)

 4                ACTING PRESIDENT GRIFFO:   But I 

 5   still like Squadron's rap.

 6                Senator Lanza, then Senator Krueger.

 7                SENATOR LANZA:   Mr. President, on 

 8   the bill.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Lanza on the bill.

11                SENATOR LANZA:   Mr. President, 

12   could I get a refund on that ticket for this 

13   concert we just -- 

14                (Laughter.)

15                SENATOR LANZA:   No, I thought it 

16   was a great job, Senator Hoylman.

17                Mr. President, I've worked on this 

18   issue for a number of years.  I recall some of 

19   the debates and conversations I had with my 

20   colleague Senator Squadron and Senator Hoylman.

21                I want to thank Senator Murphy, 

22   though.  I think he really has given this an 

23   exhaustive analysis.  And you heard all the 

24   entities and folks that he talked to -- who know 

25   the business, who know the industry and how it 


                                                               4395

 1   works.  

 2                And to suggest that there hasn't 

 3   been a public debate really couldn't be further 

 4   from the truth.  This is an issue that has been 

 5   discussed in the public arena for more than a 

 6   decade.  We've read about it, we've heard about 

 7   it, people have talked about it.  And everyone 

 8   has been free, as part of our responsibility in 

 9   this body, to engage with whomever we thought can 

10   help move the ball with respect to this issue.

11                Here's the bottom line.  Senator 

12   Murphy I don't think could have brought forward a 

13   more clear and more robust piece of legislation 

14   dealing with this issue.  Senator Murphy, if I 

15   didn't understand the issue before, I understand 

16   it so much better thanks to your explanation.  

17   And I think the people back home can begin to 

18   understand.

19                There are some, in spite of what 

20   they might say, who would like us to go back to 

21   the time when I was growing up on Staten Island 

22   when only the well-heeled, the well-connected, 

23   the wealthy, someone who had a parent or an aunt 

24   who worked in a corporation, could have access to 

25   a Yankee game or to a concert.  You know, the 


                                                               4396

 1   truth of the matter is, without this legislation, 

 2   we're going back to the days when only the rich 

 3   can attend an event.  

 4                This legislation -- and granted, 

 5   this is a complicated issue, so there's no one 

 6   piece of legislation that could fully address all 

 7   the issues involved.  But without this 

 8   legislation, you can be clear and certain of one 

 9   thing, that unless you're very wealthy or know 

10   someone who's very wealthy or connected, you're 

11   going to be shut out again.  All across New York 

12   City or all across the State of New York, you're 

13   going to be shut out.  

14                It's already tough for average folks 

15   to be able to sit in a box seat at Yankee 

16   Stadium.  They can't afford it.  But with the new 

17   market, the way it works, and with legislation 

18   like this, at least -- at least -- there will be 

19   accessibility for average people across the 

20   state.  And that's the way it ought to work.  

21                Senator Murphy, I thank you for your 

22   work.  

23                Mr. President, I'll be supporting 

24   this legislation.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4397

 1   Krueger.

 2                SENATOR KRUEGER:   Thank you.  

 3                I also want to say congratulations 

 4   to my colleague Brad Hoylman for his improving 

 5   rap style.  I thought you did very well today.  

 6   We still have some ringers in the conference, and 

 7   we could all take some more lessons from them -- 

 8   Jamaal Bailey.  

 9                But I thought you did an excellent 

10   job today, and I think you were better -- better 

11   than Senator Squadron --

12                (Response from Senators.)

13                SENATOR KRUEGER:   -- who's no 

14   longer here to stand up and debate me.  So 

15   there's no one to go "Point of personal 

16   privilege."

17                (Laughter.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger on the bill.

20                SENATOR KRUEGER:   Here's why -- on 

21   the bill, Mr. President.

22                It was not exhaustive, because as 

23   was just pointed out, consumer groups weren't 

24   talked to.  The research couldn't have been 

25   exhaustive, because apparently Senator Murphy 


                                                               4398

 1   never even heard about the problems of free 

 2   tickets for charities being sold on secondary 

 3   markets for enormous amounts of money.  So how 

 4   exhaustive could this research have been?  

 5                It wasn't exhaustive because we 

 6   still don't have the transparency that is 

 7   critical for this to work.  I hear Senator 

 8   Lanza's concerns about wanting to make sure that 

 9   everybody has a chance.  I agree.  But that means 

10   transparency.  You will not be able to see the 

11   face value of the ticket when you end up going 

12   and buying it for perhaps four or five times the 

13   face value on a secondary market.

14                Now, you might decide it's worth it 

15   to you to want to pay four or five times, but you 

16   should at least know what the face value is.  

17   Because if for some reason you need to get a 

18   return on that or they cancel, that's all you're 

19   getting, the face value, not the four or five 

20   times you paid for it.

21                And if we believe that we want to 

22   make sure there's equitable opportunity for all 

23   to get these tickets, we're not addressing the 

24   fundamental problem that the primary venue 

25   doesn't have to let you know what percent of the 


                                                               4399

 1   tickets are actually going on sale to the public.  

 2                And the research by the AG's office, 

 3   which if -- hopefully Senator Murphy read this 

 4   detailed report -- shows that you can have up to 

 5   50 percent, 60 percent of the tickets being held 

 6   or distributed on presale bases, and so those are 

 7   never even open to the public to have an 

 8   opportunity to buy.  

 9                And so at least we ought to be 

10   letting people know, when they are in search of a 

11   ticket to a Justin Bieber concert or a -- I'm 

12   just looking.  Let's see, I'm neither a rapper or 

13   that much of a concertgoer, but I have all the 

14   names here -- anyone else's concerts that you 

15   used to be able to know that actually only 

16   30 percent of the seats are being made available 

17   to you through the primary market, because 

18   70 percent of them have disappeared some other 

19   way, and so you'll only be able to buy those on a 

20   more expensive secondary market.

21                So are there improvements in this 

22   bill compared to what we've had?  Yes.  Have we 

23   addressed the consumer protection problems that 

24   we will continue to have in New York State?  No.  

25   Do I want to go backwards?  No, I want to go 


                                                               4400

 1   forward.  This isn't getting us far enough 

 2   forward.  

 3                I'm voting no.  I'm hoping that 

 4   another year, another opportunity for us to get 

 5   it right.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Seeing 

 8   and hearing no other Senator that wishes to be 

 9   heard, debate is closed.  The Secretary will ring 

10   the bell.  

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   It's my 

13   understanding the debate is complete?  

14                ACTING PRESIDENT GRIFFO:   The 

15   debate is closed.  The Secretary has rang the 

16   bell.

17                SENATOR DeFRANCISCO:   Well, stop 

18   ringing the bell, because by unanimous consent 

19   we're going to take this up on the 

20   noncontroversial calendar for a vote.

21                ACTING PRESIDENT GRIFFO:   So 

22   without objection, we will return to the 

23   noncontroversial reading.  

24                The Secretary will read the last 

25   section.  


                                                               4401

 1                THE SECRETARY:   Section 11.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Young to explain her vote.

 8                SENATOR YOUNG:   Thank you, 

 9   Mr. President.

10                I rise to commend Senator Murphy for 

11   his diligence on this issue.  He has spent hours 

12   and hours of time coming up with a solution.  And 

13   everything that you need to know about this 

14   legislation is included in the bill memo, which I 

15   will read from.  

16                "Everyday New Yorkers are denied 

17   fair access to tickets by resellers who distort 

18   the market, obscure information that allows for 

19   better purchasing decisions, and gouge fans with 

20   excessive prices and fees.  In 2016, the Office 

21   of New York State Attorney General released a 

22   report exposing the unscrupulous practices of the 

23   industry and making it clear that reforms are 

24   critical to protect consumers.  This bill reforms 

25   the system to create a fairer and more 


                                                               4402

 1   transparent marketplace.  It allows New Yorkers a 

 2   fair shot at fairly priced tickets."

 3                That's what this legislation does, 

 4   so let's be clear on that.  And thank you, 

 5   Senator Murphy, for your leadership, for your 

 6   diligence, for your hard work in coming up with a 

 7   solution that benefits the fans.  

 8                I will be voting aye, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Young in the affirmative.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar 1964, those recorded in the negative are 

14   Senators Dilan, Golden, Hoylman, Krueger, 

15   Persaud, Sanders, Sepúlveda and Serrano --

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Murphy to explain his vote.

18                SENATOR MURPHY:   Oh, I just wanted 

19   to say thank you.  And thank you to my colleagues 

20   for voting on this.  

21                I'd like to also thank Assemblyman 

22   O'Donnell, who I've worked with, and the 

23   Attorney General's office, after going through 

24   their report.  

25                But I was not going to allow another 


                                                               4403

 1   one-year extender to happen, because that 

 2   happened back in 2011, 2012, 2013, 2014, 2015.  

 3   My good buddy Senator Lanza here finally picked 

 4   the ball up and got bots done.  We had another 

 5   extender last year, 2017, when I stood in front 

 6   of you all and I said I'm going to work 

 7   diligently on this and we're going to come up and 

 8   we're going to have a comprehensive bill.  And 

 9   this is it.  

10                This right here, this gives access 

11   to the everyday people.  It helps the everyday 

12   person in order for them to try and get into a 

13   play -- which I've talked to Broadway League and 

14   Broadway.com.  I've exhausted a number of 

15   different avenues to make sure that we tried to 

16   get this right.

17                It is very, very convoluted.  This 

18   is what we've gotten so far, and I'm very proud 

19   of this bill.  And I'd just like to thank my 

20   colleagues for voting on this.  

21                Thank you, Mr. President.  

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Murphy in the affirmative.

24                Results.  

25                THE SECRETARY:   Also Senator Parker 


                                                               4404

 1   in the negative.

 2                Ayes, 51.  Nays, 9.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   Can we now go 

 7   to the Supplemental Calendar 58A and take up 

 8   previously laid aside Calendar Number 2083, 

 9   controversial.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary has rang the bell, and we will now read 

12   2083. 

13                THE SECRETARY:   Calendar Number 

14   2083, by the Senate Committee on Rules, 

15   Senate Print 9104, an act to amend Chapter 88 of 

16   the Laws of 2009.

17                ACTING PRESIDENT GRIFFO:   Seeing 

18   and hearing no Senator that wishes to be heard, 

19   debate is closed and the Secretary will ring the 

20   bell.

21                Read the last section.

22                Senator DeFrancisco, this is on a 

23   controversial reading.  Do we have your request 

24   to convert to noncontroversial?

25                SENATOR DeFRANCISCO:   No.  No.  I 


                                                               4405

 1   would like it to be -- excuse me, I would like it 

 2   to be controversial.  And I would like to answer 

 3   Senator Seward's request for an explanation.

 4                ACTING PRESIDENT GRIFFO:   Okay.  So 

 5   we are on a controversial reading.  The debate 

 6   has been closed.  

 7                The Secretary will read the last 

 8   section, and then members will have an 

 9   opportunity to explain their votes.

10                SENATOR DeFRANCISCO:   I would like 

11   to give an explanation of the bill.

12                ACTING PRESIDENT GRIFFO:   Debate 

13   has been closed, but we'll reopen it, if that's 

14   what you're requesting.

15                SENATOR DeFRANCISCO:   I think 

16   that's what I said earlier.  

17                ACTING PRESIDENT GRIFFO:   Okay.  

18   Senator Seward, what is your question?

19                SENATOR SEWARD:   I would like an 

20   explanation.  

21                (Laughter.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Seward would like an explanation.

24                SENATOR DeFRANCISCO:   You know, 

25   this bill is very --


                                                               4406

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Rules, would you like to speak?  

 3                (Laughter.)

 4                SENATOR DeFRANCISCO:   I wish 

 5   Senator Squadron was here, but -- he would have 

 6   given a better rap, and he would have brought 

 7   that up.

 8                The reason I want to explain it is 

 9   apparently there's some negative votes that are 

10   being contemplated.  And what -- this bill is 

11   extremely simple.  

12                There are many tax bills that have 

13   been in existence by various jurisdictions that 

14   we keep re-upping every year and give another 

15   year, another two years, whatever the number of 

16   years are of the extender.  And quite frankly, 

17   it's ridiculous.  If we've already authorized a 

18   town or a county or a village or somebody to 

19   raise sales tax, for example, or mortgage tax, 

20   why do they have to keep coming back?  And why do 

21   we just give them a short length of time?  

22                We should have a -- it should be 

23   automatic.  And they should only come back if 

24   they want to reduce it, permission to reduce, 

25   which they don't need.


                                                               4407

 1                And all this bill is is a bill that 

 2   allows for these extenders and some of the 

 3   municipalities -- New Rochelle, Rye, Yonkers, 

 4   Essex, Albany, Warren.  And from a political 

 5   standpoint, these counties are very different as 

 6   far as the geographics and also different with 

 7   respect to their politics, whether they have 

 8   basically Republicans or Democrats leading their 

 9   counties.

10                And if we do not pass this bill, 

11   monies that these municipalities have been 

12   relying on for years, for years, will stop, 

13   because we have not authorized those taxes to 

14   continue.

15                So I would hope that those who are 

16   considering possibly voting no consider what the 

17   effects would be.  And most importantly, there's 

18   really no reason, no reason not to continue to 

19   allow these extensions.  And there are extenders 

20   for -- that Democrats are requesting and 

21   extenders that the GOP is requesting, and they go 

22   all over the ballpark.  

23                So the reason I want to explain it 

24   is because I think it's important that we know 

25   here and the general public knows here what we're 


                                                               4408

 1   voting on and what a no vote would be.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Seeing 

 4   and hearing no other Senator that wishes to be 

 5   heard, debate is now closed.  

 6                The Secretary will ring the bell.

 7                (Pause.)

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 24.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Some 

16   order, please.

17                Senator Gianaris to explain his 

18   vote.

19                SENATOR GIANARIS:   Thank you, 

20   Mr. President.

21                Despite Senator DeFrancisco's 

22   customary eloquence, I did want to point out a 

23   couple of things about this bill.

24                Number one, it is a one-house bill 

25   which does not have a companion in the Assembly, 


                                                               4409

 1   which means its likelihood of actually resulting 

 2   in anything meaningful is minimal at best.  

 3                Number two, the majority picked and 

 4   chose which of the various provisions of law that 

 5   are expiring it wanted to include in this 

 6   legislation.  

 7                So this is little more, at the end 

 8   of the day, than just political posturing.  I 

 9   will be voting no, together with many of my 

10   colleagues, because if we want a real solution, 

11   we should roll up our sleeves and actually get to 

12   work on things that can pass both houses.  

13                Thank you.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Gianaris in the negative.

16                Senator DeFrancisco to explain his 

17   vote.

18                SENATOR DeFRANCISCO:   Yes, I just 

19   want -- 

20                ACTING PRESIDENT GRIFFO:   Can I 

21   have some order, please.

22                SENATOR DeFRANCISCO:   I just want 

23   to explain briefly there's been many one-house 

24   bills that have been passed in either house that 

25   ultimately become law.  And this is -- this could 


                                                               4410

 1   be one of them.  

 2                And everybody knows the facts of 

 3   life, the things that go on in Albany, that this 

 4   bill is being used for leverage to get other 

 5   totally unrelated things done.  And it has 

 6   nothing to do with it being one house or two 

 7   houses or three houses.  What it has to do with 

 8   is leverage that the Assembly is trying to apply 

 9   to get the Senate to do something that should be 

10   done on its own one way or the other.

11                And that's -- that's the real story 

12   here.  And I would hope that -- again, that the 

13   Assembly would -- the Senators, the Democrat 

14   Senators will reconsider.  And I'm sure if this 

15   bill passes, all extenders that they're concerned 

16   about or they're interested in would happen as 

17   well.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   DeFrancisco in the affirmative.

20                Senator Klein to explain his vote.

21                SENATOR KLEIN:   Again, 

22   Mr. President, I certainly understand that 

23   there's a lot in this bill that affects various 

24   regions -- tax extenders, mortgage recording 

25   taxes that are expanded.  But at the same time, I 


                                                               4411

 1   think that was pointed out by Senator Gianaris, 

 2   this is certainly, at this late time in the 

 3   session, is not a same-as with the Assembly.

 4                I do want to point out one specific 

 5   issue which is important to me and I think 

 6   everyone else in the City of New York, is the 

 7   speed camera program.  I actually did the 

 8   original legislation which created the program, 

 9   thus also expanding the program.  And I do want 

10   to say the program has been up and running for 

11   over four years and has saved thousands and 

12   thousands of lives.  We have seen, thank God, all 

13   types of horror that used to occur near schools 

14   go down dramatically.  

15                So even though we're doing extenders 

16   supposedly in this piece of legislation, the 

17   speed camera legislation, which is going to 

18   sunset any day now, is not in this legislation as 

19   well.

20                So I stand by my previous vote and 

21   vote no, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Klein in the negative.  

24                Senator Young to explain her vote.

25                SENATOR YOUNG:   Thank you, 


                                                               4412

 1   Mr. President.

 2                We all know that local communities 

 3   that we represent need to have these local bills 

 4   done.  And I just want to read a list of the 

 5   local communities that are affected by this, 

 6   because they apparently need the revenue in order 

 7   to operate their budgets.  

 8                So it's the occupancy tax in the 

 9   City of New Rochelle, it's also in the City of 

10   Rye, and it's also relating to the City of 

11   Yonkers.  We have Senator Mayer, who's newly 

12   elected, on the other side of the aisle.  To me, 

13   it would be shocking if she voted against her own 

14   communities.

15                SENATOR GIANARIS:   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Gianaris, why do you rise?

18                SENATOR YOUNG:   So --

19                SENATOR GIANARIS:   We always take 

20   great care not to single out individuals and 

21   criticize them by name in this chamber, and I 

22   would caution Senator Young not to do that right 

23   now.

24                SENATOR YOUNG:   -- the 

25   representative from Yonkers, the City of Rye and 


                                                               4413

 1   New Rochelle would vote against their own -- her 

 2   own community.

 3                ACTING PRESIDENT GRIFFO:   Announce 

 4   the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 2083, those recorded in the negative are 

 7   Senators Alcantara, Avella, Bailey, Benjamin, 

 8   Breslin, Brooks, Carlucci, Comrie, Dilan, 

 9   Gianaris, Hamilton, Hoylman, Kaminsky, Kavanagh, 

10   Kennedy, Klein, Krueger, Mayer, Montgomery, 

11   Parker, Peralta, Persaud, Sanders, Savino, 

12   Sepúlveda, Serrano, Stavisky, Stewart-Cousins and 

13   Valesky.

14                Ayes, 31.  Nays, 29.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   fails.

17                Senator Flanagan.

18                SENATOR FLANAGAN:   The Senate will 

19   stand at ease.  

20                There will be an immediate 

21   Republican conference.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senate will stand temporarily at ease.

24                There's an immediate meeting of the 

25   Republican Conference in Room 332.


                                                               4414

 1                The Senate is at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 2:41 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   4:14 p.m.)

 6                ACTING PRESIDENT GRIFFO:   And now a 

 7   word from our sponsor.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   We're ready 

10   to proceed.  And if legislators from the Senate 

11   are in the hearing of my voice, we'd love to see 

12   you.  

13                ACTING PRESIDENT GRIFFO:   I'd ask 

14   all members to please report to the chamber.

15                SENATOR DeFRANCISCO:   All right, if 

16   we can --

17                ACTING PRESIDENT GRIFFO:   The 

18   Senate will come to order.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   The first 

21   bill we want to take up is a hand-down for 

22   Senator Akshar, who's on his way, I hope.

23                ACTING PRESIDENT GRIFFO:   We will 

24   return to messages from the Assembly.  

25                The Secretary will read.


                                                               4415

 1                THE SECRETARY:   The Assembly sent 

 2   for concurrence the following bill.  On motion of 

 3   Senator Flanagan, and by unanimous consent, the 

 4   rules were suspended and said bill ordered to a 

 5   third reading:  Assembly 8057B.

 6                ACTING PRESIDENT GRIFFO:   It is so 

 7   ordered.

 8                The bill is before the house.  The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   2085, by Member of the Assembly Abbate, 

12   Assembly Print 8057B, an act to amend the 

13   Civil Service Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                SENATOR DeFRANCISCO:   Time out.

17                ACTING PRESIDENT GRIFFO:   Time out.

18                Read the last section.  

19                SENATOR DeFRANCISCO:   Please wait.

20                ACTING PRESIDENT GRIFFO:   Okay.  

21   The Senate will stand temporarily at ease.

22                (Whereupon, the Senate stood at ease 

23   at 4:15 p.m.)

24                (Whereupon, the Senate reconvened at 

25   4:22 p.m.)


                                                               4416

 1                SENATOR DeFRANCISCO:    

 2   Mr. President, can we lay this bill aside 

 3   temporarily and go to the Supplemental Calendar 

 4   58A.  We laid aside a Senator Marcellino bill 

 5   temporarily, 2043.  Can we take that up now, 

 6   please.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senate will return to order.  

 9                The bill that was previously before 

10   the house will be laid aside temporarily.  

11                And the request is now to go to 

12   Senate Supplemental 58A, and we will be looking 

13   at Calendar Number 2043.  

14                The Secretary will read.

15                THE SECRETARY:   Senator Marcellino 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 6320A and substitute it for 

18   the identical Senate Bill 5743A, Third Reading 

19   Calendar 2043.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitution is so ordered.

22                There is a home-rule message present 

23   at the desk.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4417

 1   2043, by Member of the Assembly Montesano, 

 2   Assembly Print 6320A, an act to grant.

 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.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Has that bill 

15   been passed?  

16                ACTING PRESIDENT GRIFFO:   It has 

17   been passed.

18                SENATOR DeFRANCISCO:   All right.  

19   Can we now take up, off the original active list, 

20   a bill that was temporarily laid aside, the 

21   Ranzenhofer bill, Calendar 1099.  Can we take up 

22   that at this time.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read, from the original active 

25   list, Calendar Number 1099.


                                                               4418

 1                THE SECRETARY:   Calendar Number 

 2   1099, by Member of the Assembly Steck, 

 3   Assembly Print 2688B, an act to amend the 

 4   Executive Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                SENATOR DeFRANCISCO:   That 

16   completes the active list.  You can rip it up, 

17   just like the president did.

18                All right.  Now we're going back to 

19   the Senate supplemental calendar.  And the bill 

20   that was laid aside on that calendar, 2029, by 

21   Senator Bonacic, can we call that bill up, 

22   please.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4419

 1   2029, by Senator Bonacic, Senate Print 994C, an 

 2   act to amend the General Municipal Law.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger.

 5                SENATOR KRUEGER:   Thank you.  On 

 6   the bill, Mr. President.  Can I?  

 7                ACTING PRESIDENT GRIFFO:   So one 

 8   second -- yes.  We were on a noncontroversial 

 9   reading.  Are we going to a controversial 

10   reading?  

11                SENATOR KRUEGER:   It had been laid 

12   aside earlier.

13                ACTING PRESIDENT GRIFFO:   Okay, the 

14   bill has been -- correct, you are right, 

15   Senator Krueger, the bill is laid aside.

16                SENATOR KRUEGER:   So I assume --

17                ACTING PRESIDENT GRIFFO:   Let me 

18   ring the bell.  

19                And Senator Krueger, you may be 

20   heard.

21                SENATOR KRUEGER:   I wasn't going to 

22   ask to debate, Mr. President, I was just going to 

23   speak on the bill.  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Krueger on the bill.


                                                               4420

 1                SENATOR KRUEGER:   Thank you.  

 2                So this bill continues a pattern in 

 3   this state of expanding gambling, perhaps without 

 4   thinking about the impact on the broader universe 

 5   of other gambling that we've passed.  So we 

 6   regulate and we pass and we put a limit on 

 7   casinos, and we make agreements with, compacts 

 8   with Native American casinos.  And we think about 

 9   and explore whether we're going to do sports 

10   betting or not, whether we're going to do 

11   Internet betting or not, what we're doing with 

12   OTBs, on and on.  

13                And yet then we take a look at a 

14   bill like this, which basically says we will 

15   allow specific nonprofit facilities to become 

16   casinos.  Not a full-fledged casino, but slot 

17   machines, which now are being called electronic 

18   bell jars in this bill.  And we've already 

19   approved tax-free alcohol for these same 

20   facilities.  

21                So I'm just wondering what the State 

22   of New York is thinking about when it's expanding 

23   a secondary market of lower-taxed gambling 

24   casinos with -- perhaps without the fancy lights.

25                And of course while they are 


                                                               4421

 1   veterans organization facilities, you don't have 

 2   to be a veteran to go there.  So it's not a 

 3   sublimited universe, it's the entire New York 

 4   public.  Or I guess people from outside of 

 5   New York State could also come to our secondary 

 6   discounted-price casinos.  

 7                I think it's just bad policy for the 

 8   state, Mr. President.  Even though I've heard 

 9   that these are organizations searching for more 

10   charitable money, I don't think we're doing 

11   ourselves a favor by doing this.  And I think 

12   we're also opening ourselves to all kinds of 

13   questions people might ask later, when I think we 

14   here in the Senate should have asked those 

15   questions before we pass these laws.  

16                And so I'm a no, Mr. President.  

17   Thank you.

18                ACTING PRESIDENT GRIFFO:   Seeing 

19   and hearing no other Senator that wishes to be 

20   heard -- Senator Bonacic.

21                SENATOR BONACIC:   To explain my 

22   vote.

23                ACTING PRESIDENT GRIFFO:   We're on 

24   the bill -- you want to explain your vote later, 

25   then, Senator Bonacic? 


                                                               4422

 1                SENATOR BONACIC:   Sure.

 2                ACTING PRESIDENT GRIFFO:   Okay.  So 

 3   I will close debate.  

 4                The Secretary will ring the bell.

 5                Read the last section.

 6                THE SECRETARY:   Section 10.  This 

 7   act shall take effect on the 180th day.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will call the roll.  

10                We are on a controversial vote, so 

11   the members should enter the chamber, please.  

12                (The Secretary called the roll.)

13                SENATOR DeFRANCISCO:   Could you 

14   withdraw the roll call and -- I think people are 

15   getting jumpy at this point.  And I'm trying not 

16   to.  

17                But by unanimous consent, I would 

18   request that this be put back on the 

19   noncontroversial calendar and a vote be taken in 

20   that manner.

21                ACTING PRESIDENT GRIFFO:   So 

22   without objection, we will return to the 

23   noncontroversial reading.  

24                There being no objection, the 

25   Secretary will read the last section.


                                                               4423

 1                THE SECRETARY:   Section 10.  This 

 2   act shall take effect on the 180th day.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will call the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Bonacic to explain his vote.

 8                SENATOR BONACIC:   Yes.  Thank you, 

 9   Mr. President.

10                First of all, this particular 

11   machine that would go in benevolent 

12   corporations -- and 59 percent of them are in 

13   veteran halls.  And the rest would be in the 

14   Elks, it would be in the Moose Lodge, it would be 

15   in the churches, and it would also -- and there's 

16   about 1200 of them.

17                Since 1997, the revenue from these 

18   organizations was $66 million.  Now it is down to 

19   $33 million.  You know what's happened?  Veterans 

20   posts have closed.  Veterans, you know, when they 

21   can come home from the war, they don't talk to 

22   people about their experiences.  They need a 

23   place to go and talk to other veterans if they're 

24   inclined to talk at all.

25                So this is a -- this is -- what we 


                                                               4424

 1   want to do is to give them a bell jar machine 

 2   that is not a gambling device.  It's preprinted 

 3   in the machine, not a gambling device.  I don't 

 4   know how many times I can say that.  With the 

 5   hope, with the hope that maybe more of these 

 6   benevolent corporation members, and mainly 

 7   veterans, would go and play this machine.

 8                ACTING PRESIDENT GRIFFO:   Excuse 

 9   me, Senator Bonacic.  

10                Can I have some order in the house.

11                Senator Bonacic, please continue.

12                SENATOR BONACIC:   So that's why 

13   we're putting this forward.  We are one with the 

14   Assembly on this.  There's a same-as bill.  In 

15   fact, the Assembly passed this earlier in the 

16   year and recalled it so we could have the same 

17   language.

18                But that's what this bill does.  

19                Thank you, Mr. President.  I vote 

20   yes.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Bonacic in the affirmative.

23                Senator Ortt to explain his vote.

24                SENATOR ORTT:   Thank you, 

25   Mr. President.  


                                                               4425

 1                I'd like to thank the sponsor.  I 

 2   know he spent a lot of time on this bill.

 3                You know, gaming bills, bills that 

 4   deal with any kind of gambling are always 

 5   somewhat controversial.  There are those who 

 6   don't like them, there are those who support 

 7   them.

 8                For me, this was mostly about trying 

 9   to find a way to help and provide an additional 

10   revenue stream for community organizations that 

11   play a huge role in most of our districts, 

12   whether it's veterans organizations -- VFWs, 

13   American Legions -- whether it's volunteer 

14   firefighting companies, whether it is other 

15   community organizations -- the Knights of 

16   Columbus, that kind of a thing.

17                Now, keep in mind, my only concern 

18   with this legislation, I represent a casino 

19   that's on Native American territory.  And I know 

20   they have some concerns about the compact with 

21   the state.  But I believe that the sponsor has 

22   tried to work very hard to make sure this bill is 

23   not in violation of that compact.  

24                And I think ultimately this bill 

25   does more for -- more good for groups in our 


                                                               4426

 1   community than it does harm.  And so for that 

 2   reason, Mr. President, I vote aye.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Ortt in the affirmative.

 5                Senator Kennedy to explain his vote.

 6                SENATOR KENNEDY:   Thank you, 

 7   Mr. President.

 8                First of all, I want to thank the 

 9   bills's sponsor.  I know that he has worked very, 

10   very hard on this bill and has communicated 

11   appropriately.  

12                The issue that we have with this 

13   bill is that I have a memo of opposition from the 

14   Seneca Nation of Indians President Todd Gates 

15   opposing this bill, believing that the 

16   legislation clearly violates the compact of 2002.  

17   These are serious allegations, and these are 

18   allegations that we need to take into 

19   consideration as we're passing this bill.  

20                We are basically affirming the 

21   support for video gaming that in many ways will 

22   help charitable organizations, yes.  But if it 

23   violates the compact, it ultimately goes against 

24   the word of the State of New York from 2002, then 

25   what in fact is the worth of the word of the 


                                                               4427

 1   State of New York in any capacity to begin with?  

 2   Who would negotiate in good faith with the City 

 3   of New York in any capacity moving forward if in 

 4   fact New York State doesn't keep its word?

 5                And if the bill that we are 

 6   supporting today violates the compact, and the 

 7   Seneca Nation is saying that they are going to 

 8   challenge this bill -- ultimately resulting, I'm 

 9   assuming, in litigation, and much like what 

10   happened with Moxie Mania and the VLTs that were 

11   put forward in the past that violated the compact 

12   and were arbitrated and resulted in a long legal, 

13   problematic, adjudicated issue -- in fact, we 

14   should hit the pause button, get everyone to the 

15   table, negotiate the bill with all parties 

16   involved, including the Seneca Nation and other 

17   nations that will be affected across the state as 

18   it pertains to their own gaming compacts, and put 

19   a bill in that works for everybody.

20                I know this is important to the 

21   charitable organizations.  And as I mentioned to 

22   you earlier, I appreciate the sponsor's work on 

23   this and recognize that conceptually we can all 

24   agree to that.  However, I believe that this is 

25   in violation of the compact.  I have grave 


                                                               4428

 1   concerns about it.  

 2                With that, I'll be voting no, and I 

 3   ask my colleagues to do the same.  And while this 

 4   is a C print of this bill, hopefully we can put 

 5   together another print that works.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Kennedy, how do you vote?  

 8                SENATOR KENNEDY:   Mr. President, I 

 9   vote in the negative.  Thank you.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Kennedy in the negative.

12                Senator Marchione to explain her 

13   vote.

14                SENATOR MARCHIONE:   Thank you, 

15   Mr. President.  

16                I also want to thank the sponsor, 

17   Senator Bonacic, for this piece of legislation.

18                I had a lot of concerns about it, as 

19   of course I come from an area that has a racino 

20   that certainly is being squeezed and hasn't felt 

21   the full effects of a casino that's very close to 

22   it.

23                But I want to thank him very much 

24   for listening to the concerns that we had for 

25   adjusting the bill and for making it palatable 


                                                               4429

 1   for those of us who are now able to support the 

 2   bill.  And I just want to say that that's 

 3   indicative of Senator Bonacic, and I would like 

 4   to thank him for always trying to work with the 

 5   rest of us to make a bill better that we all can 

 6   support.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Marchione in the affirmative.

10                Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar 2029, those recorded in the negative are 

13   Senators Bailey, Comrie, Gianaris, Kaminsky, 

14   Kavanagh, Kennedy, Klein, Krueger, Peralta, 

15   Persaud, Sanders, Sepúlveda and Stewart-Cousins.  

16   Also Senators Benjamin and Stavisky.  Also 

17   Senator Alcantara.  

18                Ayes, 44.  Nays, 16.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:    

23   Mr. President, can we now stand at ease and await 

24   a Democrat conference, a minority conference.

25                SENATOR KLEIN:   Mr. President, 


                                                               4430

 1   there will be an immediate Democratic conference 

 2   in the Democratic Conference Room.

 3                ACTING PRESIDENT GRIFFO:   There 

 4   will be an immediate meeting of the Democrat 

 5   Conference in the Democrat Conference Room.  

 6                The Senate will stand at ease.

 7                (Whereupon, the Senate stood at ease 

 8   at 4:38 p.m.)

 9                (Whereupon, the Senate reconvened at 

10   4:54 p.m.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Senate will return to order.  

13                Senator Flanagan.  

14                SENATOR FLANAGAN:   Senator Griffo, 

15   thank you.  There will be a meeting of the 

16   Judiciary Committee in 10 minutes, 10 minutes, in 

17   Room 124.

18                ACTING PRESIDENT GRIFFO:   There 

19   will be a meeting of the Judiciary Committee in 

20   10 minutes.  The Judiciary Committee will meet in 

21   Capitol Room 124 at 5:10.  All members of 

22   Judiciary should report to Room 124 at 5:10.

23                SENATOR FLANAGAN:   Mr. President, 

24   the Senate will stand at ease.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4431

 1   Senate will stand at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 4:54 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   7:12 p.m.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senate will return to order.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Could we 

10   please return to messages from the Assembly.

11                ACTING PRESIDENT GRIFFO:   We will 

12   return to messages from the Assembly.  

13                The Secretary will read.

14                THE SECRETARY:   The Assembly sent 

15   for concurrence the following bill.  On motion of 

16   Senator Flanagan, the rules were suspended and 

17   said bill ordered to a third reading:  Assembly 

18   Bill 9537.

19                ACTING PRESIDENT GRIFFO:   So 

20   ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   2098, by Member of the Assembly Pretlow, 

24   Assembly Print 9537, an act to amend the 

25   Local Finance Law.


                                                               4432

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   a home-rule message at the desk.

 3                The Secretary will read the last 

 4   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.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   The Assembly sent 

14   for concurrence the following bill.  On motion of 

15   Senator Flanagan, the rules were suspended and 

16   said bill ordered to a third reading:  Assembly 

17   Bill 10385.

18                ACTING PRESIDENT GRIFFO:   So 

19   ordered.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   2097, by Member of the Assembly Otis, Assembly 

23   Print 10385, an act to amend Chapter 88 of the 

24   Laws of 2009.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4433

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 58.  Nays, 2.  

 8   Senators Brooks and Kaminsky recorded in the 

 9   negative.  

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.  

12                The Secretary will read.

13                THE SECRETARY:   The Assembly sent 

14   for concurrence the following bill.  On motion of 

15   Senator Flanagan, the rules were suspended and 

16   said bill ordered to a third reading:  Assembly 

17   Bill 10355.

18                ACTING PRESIDENT GRIFFO:   So 

19   ordered.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   2095, by Member of the Assembly Joyner, Assembly 

23   Print 10355, an act to amend the General 

24   Municipal Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4434

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.  

 6                (The Secretary called the roll.)

 7                SENATOR KLEIN:   Lay it aside.

 8                ACTING PRESIDENT GRIFFO:   Lay the 

 9   bill aside.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Can we please 

12   take up the controversial reading of the bill 

13   that was just laid aside.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will ring the bell.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   2095, by Member of the Assembly Joyner, Assembly 

19   Print 10355, an act to amend the General 

20   Municipal Law.

21                SENATOR KLEIN:   Explanation of the 

22   bill, please.

23                ACTING PRESIDENT GRIFFO:   An 

24   explanation has been requested on the bill.

25                Senator DeFrancisco.


                                                               4435

 1                SENATOR DeFRANCISCO:   Yes, I'll 

 2   give you a brief explanation if we could have a 

 3   little order on the floor.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   DeFrancisco, as you begin the explanation, I want 

 6   to refer the members to that these are hand-downs 

 7   from the Assembly, so you should refer to the 

 8   iPads, look at the Assembly number, and that will 

 9   give you the information.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   This is 

12   simply a three-year extender, a bill passed by 

13   the Assembly, that we're taking up now.  The bill 

14   would assist in the development of federally 

15   financed housing of low income, elderly and 

16   disabled persons by continuing to make such 

17   developments eligible for expedited land use 

18   review, under Section 2002 of the Supportive 

19   Housing for the Elderly Program and Section 811 

20   of the Supportive Housing for Persons with 

21   Disabilities.  

22                So it's basically an extender of an 

23   excellent program that has already passed in the 

24   Assembly.

25                ACTING PRESIDENT GRIFFO:   Seeing 


                                                               4436

 1   and hearing no other Senator that wishes to be 

 2   heard, debate is closed.  

 3                The Secretary will ring the bell.

 4                SENATOR DeFRANCISCO:    

 5   Mr. President, by unanimous consent, we could 

 6   replace this on the noncontroversial reading and 

 7   take a vote.

 8                ACTING PRESIDENT GRIFFO:   Without 

 9   objection, so ordered.

10                The Secretary will read the last 

11   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:   Ayes, 60.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   The Assembly sent 

21   for concurrence the following bill.  On motion of 

22   Senator Flanagan, the rules were suspended and 

23   said bill ordered to a third reading:  Assembly 

24   10479.

25                ACTING PRESIDENT GRIFFO:   It is so 


                                                               4437

 1   ordered.

 2                The Secretary will read.

 3                SENATOR KLEIN:   Lay it aside, 

 4   please.

 5                ACTING PRESIDENT GRIFFO:   Lay it 

 6   aside.

 7                The Secretary will ring the bell.  

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   2088, by Member of the Assembly Weinstein, 

11   Assembly Print 10479, an act to amend the Local 

12   Finance Law.

13                SENATOR KLEIN:   Explanation, 

14   please.

15                ACTING PRESIDENT GRIFFO:   An 

16   explanation has been requested.  (Pause.)

17                Senator Golden.

18                SENATOR GOLDEN:   Mr. President, 

19   10479 is an OMB number-one bill for an extender 

20   to give them the ability to go out and to bring 

21   their bonds to market and to give them the 

22   ability to have a tremendous savings at the end 

23   of the process.

24                ACTING PRESIDENT GRIFFO:   Seeing 

25   and hearing no other Senator that wishes to be 


                                                               4438

 1   heard, debate is closed.  

 2                The Secretary will ring the bell.

 3                Read the last section.

 4                SENATOR DeFRANCISCO:   Excuse me.  

 5   By unanimous consent, we could take this up in 

 6   noncontroversial --

 7                ACTING PRESIDENT GRIFFO:   Without 

 8   objection, it is so ordered.

 9                The Secretary will read the last 

10   section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                SENATOR DeFRANCISCO:   Please read 

20   the next bill, please.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   The Assembly sent 

24   for concurrence the following bill.  On motion of 

25   Senator Flanagan, the rules were suspended and 


                                                               4439

 1   said bill ordered to a third reading:  Assembly 

 2   Bill Number 10501.

 3                ACTING PRESIDENT GRIFFO:   It is so 

 4   ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   2094, by Member of the Assembly Kim, Assembly 

 8   Print 10501, an act to amend Chapter 613 of the 

 9   Laws of 1996.

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:   Ayes, 60.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                The Secretary will read.

21                THE SECRETARY:   The Assembly sent 

22   for concurrence the following bill.  On motion of 

23   Senator Flanagan, the rules were suspended and 

24   said bill ordered to a third reading:  Assembly 

25   Bill Number 10502.


                                                               4440

 1                ACTING PRESIDENT GRIFFO:   So 

 2   ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   2093, by Member of the Assembly Dilan, Assembly 

 6   Bill 10502, an act to amend Chapter 84 of the 

 7   Laws of 1993.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                The Secretary will read.

19                THE SECRETARY:   The Assembly sent 

20   for concurrence the following bill.  On motion of 

21   Senator Flanagan, the rules were suspended and 

22   said bill ordered to a third reading:  Assembly 

23   Bill Number 10559.

24                ACTING PRESIDENT GRIFFO:   It is so 

25   ordered.


                                                               4441

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   2091, by Member of the Assembly Niou, Assembly 

 4   Print 10559, an act to amend Chapter 449 of the 

 5   Laws of 1986.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                The Secretary will read.

17                THE SECRETARY:   The Assembly sent 

18   for concurrence the following bill.  On motion of 

19   Senator Flanagan, the rules were suspended and 

20   said bill ordered to a third reading:  Assembly 

21   Bill Number 10560.

22                ACTING PRESIDENT GRIFFO:   It is so 

23   ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4442

 1   2090, by Member of the Assembly Walker, 

 2   Assembly Print 10560, an act to amend Chapter 253 

 3   of the Laws of 2004.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                The Secretary will read.

15                THE SECRETARY:   The Assembly sent 

16   for concurrence the following bill.  On motion of 

17   Senator Flanagan, the rules were suspended and 

18   said bill ordered to a third reading:  Assembly 

19   Bill Number 10561.

20                ACTING PRESIDENT GRIFFO:   So 

21   ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   2089, by Member of the Assembly Joyner, Assembly 

25   Print 10561, an act to amend Chapter 375 of the 


                                                               4443

 1   Laws of 1999.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                The Secretary will read.

13                THE SECRETARY:   The Assembly sent 

14   for concurrence the following bill.  On motion of 

15   Senator Flanagan, the rules were suspended and 

16   said bill ordered to a third reading:  Assembly 

17   Bill Number 10605.

18                ACTING PRESIDENT GRIFFO:   It is so 

19   ordered.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   2092, by Member of the Assembly Epstein, Assembly 

23   Print 10605, an act to amend Chapter 777 of the 

24   Laws of 1986.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4444

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                The Secretary will read.

11                THE SECRETARY:   The Assembly sent 

12   for concurrence the following bill.  On motion of 

13   Senator Flanagan, the rules were suspended and 

14   said bill ordered to a third reading:  Assembly 

15   Bill Number 11123.

16                ACTING PRESIDENT GRIFFO:   It is so 

17   ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   2096, by the Assembly Committee on Rules, 

21   Assembly Bill 11123, an act to amend the 

22   Real Property Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4445

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   passes.  

 8                The Secretary will read.

 9                THE SECRETARY:   The Assembly sent 

10   for concurrence the following bill.  On motion of 

11   Senator Flanagan, the rules were suspended and 

12   said bill ordered to a third reading:  Assembly 

13   Bill Number 416A.

14                ACTING PRESIDENT GRIFFO:   It is so 

15   ordered.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   2099, by Member of the Assembly Magnarelli, 

19   Assembly Print 416A, an act to amend the 

20   Real Property Tax Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4446

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Yes, we had 

 6   previously laid aside Calendar Number 2085 from 

 7   the --

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco, we're on the bill right now.  Did 

10   you want to explain a vote on that, or no?  It's 

11   your bill.

12                SENATOR DeFRANCISCO:   I don't want 

13   to explain anything.

14                ACTING PRESIDENT GRIFFO:   Okay, the 

15   desk is a little confused right now.

16                SENATOR DeFRANCISCO:   Okay.

17                ACTING PRESIDENT GRIFFO:   So we 

18   will continue.  We read the last section and 

19   called the roll --

20                SENATOR KLEIN:   Lay it aside, 

21   please.

22                ACTING PRESIDENT GRIFFO:   Lay it 

23   aside.

24                SENATOR DeFRANCISCO:   Can we lay 

25   that aside temporarily so we can try something 


                                                               4447

 1   else.

 2                ACTING PRESIDENT GRIFFO:   We're 

 3   going to lay it aside temporarily.

 4                SENATOR DeFRANCISCO:   There was a 

 5   Senator Akshar bill, I believe it was on the 

 6   supplemental calendar, that was laid aside.  It's 

 7   Calendar 2085.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   2085, by Member of the Assembly Abbate, 

12   Assembly Print 8057B, an act to amend the 

13   Civil Service Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the 30th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 59.  Nays, 1.  

24   Senator Hannon recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4448

 1   passes.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Can we please 

 4   take up Senator Jacobs' bill, Calendar 1874, 

 5   please.

 6                ACTING PRESIDENT GRIFFO:   Calendar 

 7   1874.  The Secretary will read.

 8                THE SECRETARY:   Senator Jacobs 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 10468B and substitute it for 

11   the identical Senate Bill 8275B, Calendar Number 

12   1874.

13                SENATOR KLEIN:   Lay it aside.

14                ACTING PRESIDENT GRIFFO:   The 

15   substitution is so ordered, and the bill is laid 

16   aside.

17                SENATOR DeFRANCISCO:   Could we 

18   stand at ease, please.

19                ACTING PRESIDENT GRIFFO:   The 

20   Senate will stand temporarily at ease.

21                (Whereupon, the Senate stood at ease 

22   at 7:30 p.m.)

23                (Whereupon, the Senate reconvened at 

24   7:36 p.m.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4449

 1   DeFrancisco.

 2                SENATOR DeFRANCISCO:    

 3   Mr. President, can we do the noncontroversial -- 

 4   excuse me, the controversial reading of the 

 5   Jacobs bill, please.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will ring the bell.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1874, by Member of the Assembly Ryan, 

11   Assembly Print 10468B, an act to amend the 

12   Public Health Law.

13                SENATOR KLEIN:   I'd like an 

14   explanation, please.

15                ACTING PRESIDENT GRIFFO:   An 

16   explanation has been requested by Senator Klein, 

17   Senator Jacobs.

18                SENATOR JACOBS:   Thank you, 

19   Mr. President.  

20                This legislation stems from a 

21   situation coming from a particular individual 

22   suffering from a disease, but the legislation 

23   will actually deal with an issue and problems 

24   that come up more broadly.

25                The situation is a young person who 


                                                               4450

 1   is on a trial run of a certain type of drug to 

 2   deal with epilepsy.  And the program is allowed 

 3   to be done before this drug is fully approved by 

 4   the FDA under an initiative called the 

 5   Compassionate Care Program, and that allows for a 

 6   trial to use a particular drug that has not been 

 7   fully approved, because of the severity of the 

 8   ailment.

 9                What this legislation would do is it 

10   is anticipated very soon that the FDA will 

11   approve this drug, reclassify this drug so it can 

12   be used more broadly, and that this particular 

13   patient who has been in the trial -- and 

14   others -- can continue to use this drug that is 

15   having a profound impact on improving their 

16   quality of life and this issue of epilepsy.

17                The issue at hand is that it is 

18   likely that the FDA approval will happen within 

19   the next number of weeks after we are out of 

20   session.  What this legislation does is empower 

21   and allow the Commissioner of Health to 

22   approve -- when it is reclassified at the federal 

23   level, to in turn reclassify it and to allow it 

24   to be legal at the state level.

25                This is one incident that is 


                                                               4451

 1   happening with this particular drug, but it is 

 2   not uncommon for it to happen in other cases.  We 

 3   want to make sure that the federal government, 

 4   after testing something, reclassifies it and 

 5   makes it legal, that we enable the Commissioner 

 6   of Health to in turn have the discretion to make 

 7   that decision, not have to wait for another six 

 8   or eight months until this body is back in 

 9   session.

10                Thank you.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Klein.

13                SENATOR KLEIN:   Mr. President, will 

14   the sponsor yield for a couple of questions?

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Jacobs, do you yield?  

17                SENATOR JACOBS:   Yes.

18                ACTING PRESIDENT GRIFFO:   The 

19   Senator yields.

20                SENATOR KLEIN:   Through you, 

21   Mr. President.  I heard the sponsor's 

22   explanation, but can they actually state what 

23   controlled substance they're actually 

24   reclassifying?  

25                SENATOR JACOBS:   What controlled 


                                                               4452

 1   substance -- hold on -- if you -- one moment, 

 2   please.

 3                SENATOR KLEIN:   I guess just to 

 4   restate, the title of the bill is "an act to 

 5   amend the Public Health Law in relation to 

 6   authorizing the reclassification of controlled 

 7   substances by regulation."

 8                So this something that we're 

 9   changing as far as the federal analog bill and 

10   reclassifying a controlled substance?

11                SENATOR JACOBS:   Through you, 

12   Mr. President, it's a new type of cannabinoid 

13   oil.

14                SENATOR KLEIN:   So when you say 

15   it's a new type of cannabinoid oil -- 

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Klein, please direct through the chair.

18                SENATOR KLEIN:   Okay.  Again, 

19   through you, Mr. President.  I guess how is it 

20   different than the presently regulated substance 

21   that I guess is illegal under the analog bill?

22                SENATOR JACOBS:   This is -- again, 

23   this is --

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Jacobs, through the chair.


                                                               4453

 1                SENATOR JACOBS:   Mr. President, 

 2   this is going through trial right now.  But it is 

 3   a purer form of the oil, as opposed to what is 

 4   being used at this point in time.

 5                SENATOR KLEIN:   Again through you, 

 6   Mr. President.  Again, when you're actually 

 7   dealing with reclassifying a controlled 

 8   substance, the way it usually works, it's always 

 9   dictated by the federal government.  They keep 

10   changing different changes to specific 

11   substances, because sometimes the substance will 

12   change and it mimics something that's already 

13   illegal.  

14                So I guess this is a change to what 

15   would be known as cannabis.  So how is this 

16   different than what exists presently in the 

17   analog bill that is now illegal?  

18                SENATOR JACOBS:   Through you, 

19   Mr. President.  Again, it will -- this would be 

20   only upon the reclassification at the federal 

21   level, that it would in turn allow the 

22   Commissioner of Health to reclassify here at the 

23   state level.

24                SENATOR KLEIN:   So I guess -- 

25   through you, Mr. President, I guess my question 


                                                               4454

 1   is if it's already going to be deemed legal on 

 2   the federal level, wouldn't it automatically be 

 3   legal now in the state as well?

 4                SENATOR JACOBS:   Through you, 

 5   Mr. President, no, it would not.  A point that is 

 6   raised -- and this is the need for this 

 7   legislation -- it would not be legal just upon 

 8   the federal reclassification.

 9                SENATOR KLEIN:   Again through you, 

10   Mr. President.  When we do the reclassification, 

11   what would -- I guess who would we actually be 

12   treating with I guess, for want of a better word, 

13   this new form of cannabis?  

14                SENATOR JACOBS:   Through you, 

15   Mr. President, this is again stemming from a 

16   specific case.  But again, it will be applied and 

17   able to be utilized because there are more 

18   instances than this one case.  

19                That this individual is part of a 

20   trial through this Compassionate Care Program, a 

21   federal program.  This individual -- this strand 

22   of the cannabis oil is being found to be 

23   profoundly effective in this ailment, so this 

24   individual would like to continue to use this and 

25   be prescribed it by a physician on an ongoing 


                                                               4455

 1   basis beyond the trial.

 2                SENATOR KLEIN:   Again through you, 

 3   Mr. President, I guess what I'm getting at, 

 4   again, there's treatment -- cannabis is used to 

 5   treat, you know, various ailments.  What 

 6   specifically would be treated that we can't use I 

 7   guess what we would use now, which is readily 

 8   available under our medical marijuana program in 

 9   the State of New York?  What would this specific 

10   change in drug be able to treat that we can't 

11   already treat with the existing cannabis we use?

12                SENATOR JACOBS:   Through you, 

13   Mr. President, it's a specific -- excuse me if I 

14   don't have the actual name in front of me.  It's 

15   a specific type of epilepsy that this strand has 

16   been shown, through this trial, to be effective, 

17   and that other elements of medical marijuana have 

18   not been.

19                SENATOR KLEIN:   And through you, 

20   Mr. President, again, I understand that this is a 

21   specific type of epilepsy that would be treated.  

22   But again, when someone is manufacturing a drug, 

23   it usually has a much wider use.  Are there any 

24   other diseases or other types of ailments which 

25   would be able to be treated through this new form 


                                                               4456

 1   of cannabis?  

 2                SENATOR JACOBS:   Through you, 

 3   Mr. President.  At this point in time this trial 

 4   has been focused on this type of epilepsy.  And 

 5   at this point in time that has been the only use.  

 6   At some point in time, with other trials, it may 

 7   be shown to have an impact beneficially on other 

 8   ailments, but at this time it is solely on this 

 9   strand of epilepsy.

10                SENATOR KLEIN:   Thank you.  

11                Through you, Mr. President, would 

12   the sponsor agree to yield for another question?  

13                SENATOR JACOBS:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR KLEIN:   Again, it says in 

17   the bill memo that this legislation would also 

18   limit the commissioner's reclassification powers 

19   to not only being able to reclassify drugs to a 

20   new division in the same numbered schedule.

21                Can you explain what powers we're 

22   giving or taking away from the commissioner?

23                SENATOR JACOBS:   Essentially -- 

24   Mr. President, through you.  Essentially this is 

25   allowing the commissioner to do at a state level 


                                                               4457

 1   what is done at the federal level.  So if there's 

 2   reclassification at the federal level, it's 

 3   within that scope allowing the commissioner to 

 4   reclassify it at the state level so they are 

 5   consistent.

 6                SENATOR KLEIN:   Thank you, 

 7   Mr. President.  I have no further questions.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you.  

10                Seeing and hearing no other Senator 

11   that wishes to be heard, debate is closed and the 

12   Secretary will ring the bell.

13                Senator DeFrancisco.  

14                SENATOR DeFRANCISCO:   Yes, by 

15   unanimous consent we're going to vote on this 

16   bill -- send it back to the noncontroversial 

17   calendar, please.

18                ACTING PRESIDENT GRIFFO:   Without 

19   objection, it is so ordered.

20                The Secretary will read the last 

21   section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4458

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                SENATOR DeFRANCISCO:    

 6   Mr. President, there was one other bill, a 

 7   Magnarelli bill that was passed and sent back 

 8   here.  Can we have the noncontroversial reading 

 9   of that bill.

10                ACTING PRESIDENT GRIFFO:   Without 

11   objection, it is so ordered to noncontroversial.  

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   2099, by Member of the Assembly Magnarelli, 

15   Assembly Print 416A, an act to amend the 

16   Real Property Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4459

 1   passes.  

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Yes, I 

 4   believe there's an Assembly bill at the desk, 

 5   Number 10618.

 6                ACTING PRESIDENT GRIFFO:   It's not 

 7   presently at the desk, Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   All right.  

 9   And it's going to be there momentarily, is it?

10                ACTING PRESIDENT GRIFFO:   Yes.  Do 

11   you want to stand at ease temporarily?

12                SENATOR DeFRANCISCO:   Yes -- no, we 

13   don't have to if we can call on -- is there a 

14   report from the Judiciary Committee?  

15                ACTING PRESIDENT GRIFFO:   There is 

16   a Judiciary Committee report at the desk.  

17                The Secretary will read.

18                SENATOR DeFRANCISCO:   Please read.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   DeFrancisco, before we take the Judiciary 

21   Committee report, that material is now at the 

22   desk.  So with your concurrence, we will move on 

23   that.

24                SENATOR DeFRANCISCO:   Absolutely.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4460

 1   Secretary will read.

 2                THE SECRETARY:   Senator Kennedy 

 3   moves to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 10618A and substitute it for 

 5   the identical Senate Bill 7346A, Third Reading 

 6   Calendar 943.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   943, by Member of the Assembly Peoples-Stokes, 

12   Assembly Print 10618A, an act to amend the 

13   Real Property Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Kennedy to explain his vote.

23                SENATOR KENNEDY:   Thank you, 

24   Mr. President.  

25                And I want to thank my colleagues 


                                                               4461

 1   for supporting this extremely important bill for 

 2   the City of Buffalo.  

 3                There has been year after year of 

 4   individuals who have come into the City of 

 5   Buffalo, bought properties and then taken 

 6   advantage of the community while not living in 

 7   these homes.  They're collecting rent and 

 8   oftentimes allowing these properties to fall into 

 9   disrepair.  And then when the housing code 

10   violations or fire code violations pile up, these 

11   same individuals, who we refer to as slumlords, 

12   that have taken advantage of our community don't 

13   pay those housing code violations.  

14                What this legislation ultimately 

15   does is it ensures that if these slumlords do not 

16   pay those housing code violations, that they're 

17   held accountable, that they ultimately have to 

18   pay, because that fine will be put on their tax 

19   roll at the end of the year.

20                With that, Mr. President, I vote 

21   aye.  I urge my colleagues to do the same.  And I 

22   thank my colleagues for their support on this 

23   bill.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Kennedy in the affirmative.


                                                               4462

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   The last bill 

 3   that was passed is exactly like Senator Kennedy's 

 4   bill.  In fact, it was around here for a while.  

 5   I sponsored the bill.  And I just want to say one 

 6   thing to explain my vote here:  Ditto.  

 7                (Laughter.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                Now we will have the Secretary's 

15   reading of the Judiciary Committee report.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Bonacic, from the Committee on Judiciary, offers 

18   the following nominations for Interim Supreme 

19   Court Judges:  

20                Nicholas Iacovetta, Vincent 

21   Martorana, and Michael Obus.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Bonacic.

24                SENATOR BONACIC:   Thank you, 

25   Mr. President.


                                                               4463

 1                Let me start off by apologizing to 

 2   the nominees who came with their families, young 

 3   children.  I knew you were here at 10:00 a.m.  

 4   But this is the last day of session.  And 

 5   whenever you have the last day of session, things 

 6   get complicated.  And we were not able to address 

 7   all of you sooner, so we apologize for the long 

 8   delay.

 9                So let me start, I'm going to start 

10   with the interim Supreme Court justices that have 

11   been given to us by Governor Cuomo.  There are 

12   three.  Then we'll do the eight Court of Claims, 

13   okay?  

14                So earlier today the Senate 

15   Judiciary Committee met and considered the 

16   appointment of three interim Supreme Court 

17   judges.  In addition, we considered the 

18   nomination of eight new appointees to the Court 

19   of Claims.

20                I want to thank Governor Cuomo for 

21   putting forth an impressive list of nominees for 

22   the court.  The experienced jurists that are here 

23   today have all been approved by the Judicial 

24   Nominating Commission.

25                We always strive to put judges on 


                                                               4464

 1   the bench who display exemplary temperament and 

 2   dedication to the bench.  I am confident that the 

 3   nominees before the State Senate Judiciary 

 4   Committee today will hold themselves to such 

 5   standards.

 6                Pursuant to the provisions of 

 7   Section 21 of Article VI of the Constitution and 

 8   pursuant to the provisions of Section 9 of 

 9   Article VI of the Constitution and the provisions 

10   of Section 2 of the Court of Claims Act, the 

11   Judiciary Committee has reported all of the 

12   nominations to the floor for Senate confirmation, 

13   and I might say unanimously.

14                I'm going to introduce the judges, 

15   their friends and family in attendance today.  

16                First, the interim Supreme Court 

17   nominees.  We're going to start with -- and when 

18   I call your name, I'm going to ask you to stand 

19   up.  If you have family with you, which I'll 

20   acknowledge, I would ask them to stand up also.

21                The Honorable Nicholas Iacovetta, 

22   and he's here about his brother John.

23                The next gentleman is the Honorable 

24   Vincent Martorana, and he's here with his bride, 

25   Jane.  Okay?


                                                               4465

 1                And the last gentleman is the 

 2   Honorable Michael Obus.

 3                Mr. President, at this time I move 

 4   these three nominations to the floor and ask for 

 5   Senate confirmation and if you would recognize 

 6   any Senator who wishes to speak on any of these 

 7   three nominees.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Bonacic.

10                Senator Klein.

11                SENATOR KLEIN:   Thank you, 

12   Mr. President.  

13                While I rise to congratulate all of 

14   the acting Supreme Court nominees, I want to 

15   point out one very special judge, and that's 

16   Judge Nicholas Iacovetta.  He's my constituent 

17   and a friend from the Country Club section of the 

18   Bronx.  

19                And if you would look at his resume, 

20   he really was moved in the direction to really be 

21   a Supreme Court judge.  He spent many years in 

22   the Bronx District Attorney's office.  He was at 

23   one time chief of the Criminal Court Bureau.  He 

24   was head of the Homicide Bureau; he served there 

25   from 1974 to 1988.  He then was appointed as 


                                                               4466

 1   Criminal Court judge in Bronx County from '88 to 

 2   '93.  And of course he was the acting Supreme 

 3   Court judge in the Criminal Part in Bronx County 

 4   as well.

 5                He never really left the Bronx, 

 6   because he also attended Fordham as an undergrad, 

 7   Fordham Law School as well.  And he's someone 

 8   that is eminently qualified.  When Judge Nicholas 

 9   Iacovetta takes his rightful place as a Supreme 

10   Court judge, all over the Bronx justice will 

11   truly be done.

12                Congratulations to you and your 

13   family.

14                ACTING PRESIDENT GRIFFO:   The 

15   question before the house is on the names read 

16   for the positions of interim Supreme Court judge 

17   of the State of New York.  All in favor say aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   individuals that have been named and read are 

23   hereby confirmed by the Senate as Interim Supreme 

24   Court Judges.  

25                Congratulations.  Please rise and be 


                                                               4467

 1   recognized.

 2                (Standing ovation.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Bonacic.

 5                SENATOR BONACIC:   Let us continue 

 6   now with the eight Court of Claims nominees.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Bonacic, we're just going to read first and then 

 9   come to you, okay?

10                SENATOR BONACIC:   Sure.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will read.

13                THE SECRETARY:   As Judges of the 

14   Court of Claims:  Joel Cohen; John Higgitt; 

15   Francis Kahn III; Honorable Chris Ann Kelley; 

16   David Lewis; James McCarty, Jr.; Michele Rodney; 

17   and Honorable Lillian Wan.

18                ACTING PRESIDENT GRIFFO:   The 

19   report is before the house.  

20                Senator Bonacic.

21                SENATOR BONACIC:   Thank you, 

22   Mr. President.

23                Our first gentleman is Mr. Joel 

24   Cohen.  He's with his bride, Stacy, and children 

25   Jake and Holly.  So could you -- if you're all --  


                                                               4468

 1   there they are, all four.  Very good.

 2                The next gentleman is Mr. John 

 3   Higgitt.  He's with his bride, Sandra, and 

 4   children Jackson and Luke.  Over there, 

 5   very good.  

 6                The next one is Mr. Francis Kahn 

 7   III, with his bride, Jodi.  Okay.  

 8                A good-looking group up there, I 

 9   would say, as we continue.  

10                Next is the Honorable Chris Ann 

11   Kelley, with her spouse, Jacqueline, and 

12   daughters Marina and Calla.  Okay.  

13                Next is Mr. James McCarty, Jr., with 

14   his wife, Martha, and sons Matthew and Michael.

15                Next is Ms. Michele Rodney, parents 

16   Karl and Faye, sister Karlisa.  

17                And last but not least is the 

18   Honorable Lillian Wan.  She's with her husband, 

19   Adam, as well as their children Sophia and 

20   Nathan.  

21                At this time, Mr. President, I move 

22   all the nominations to the floor.  

23                Do you have any Senators that wish 

24   to speak on the nominees?  

25                ACTING PRESIDENT GRIFFO:   We will, 


                                                               4469

 1   Senator Bonacic, one second.

 2                SENATOR BONACIC:   How could I miss 

 3   him?  How could I miss our favorite one?  

 4                I'd like to put forth the name of 

 5   the Honorable David Lewis.  David, there you are 

 6   in the background.  

 7                (Laughter.)

 8                SENATOR BONACIC:   Okay.  

 9   Mr. President, I move all the nominations to the 

10   floor for Senate confirmation, and I ask you to 

11   recognize any Senator who wishes to speak.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Bonacic.

14                Senator Mayer.

15                SENATOR MAYER:   Thank you very 

16   much.  

17                I rise to support the nomination of, 

18   among all the others, James A. McCarty, Jr., who 

19   lives in my district and has an extraordinary 

20   history in the Westchester County District 

21   Attorney's office.  

22                Mr. McCarty was hired in 1980 by 

23   Carl Vergari, for those of us old enough to 

24   remember him, as a junior assistant district 

25   attorney, and he has served since that time with 


                                                               4470

 1   incredible distinction and been promoted 

 2   repeatedly in the office of the Westchester 

 3   County District Attorney.  He currently serves as 

 4   chief assistant to District Attorney Anthony 

 5   Scarpino.  

 6                And during his career, Mr. McCarty 

 7   has handled thousands of cases and tried over 

 8   100 jury trials, including some of the most 

 9   significant in Westchester County.  In 2016, he 

10   was named the Acting District Attorney of 

11   Westchester County when our former District 

12   Attorney -- now Chief Judge DiFiore -- was named 

13   to her position, and he served with incredible 

14   distinction and character.

15                He's a graduate of the University of 

16   Rochester and Albany Law School.  

17                I just would like to add that having 

18   dealt with him in the course of my service in 

19   Westchester County, Mr. McCarty continues to 

20   conduct himself with the utmost professionalism 

21   and commitment to public service.  

22                He will bring honor to the bench, 

23   and I look forward to his confirmation.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               4471

 1   you, Senator Mayer.

 2                Senator Young.

 3                SENATOR YOUNG:   Thank you, 

 4   Mr. President.

 5                I extend my sincere congratulations 

 6   to each and every one of the nominees and their 

 7   families.  We are so proud of you today, and 

 8   we're very grateful that you want to give this 

 9   type of public service to the people of New York 

10   State.

11                However, I do want to talk about one 

12   of the nominees in particular, and that is our 

13   friend David Lewis.  

14                David is someone who is extremely 

15   well qualified to become a judge.  He has been 

16   associated with the New York State Senate for 

17   many years, starting in 1990, when he was named 

18   special counsel to the New York State Senate 

19   Select Committee on Arts and Cultural Affairs, 

20   under the chair of someone that many of us knew 

21   long ago, and that's former Senator Roy Goodman.  

22                So for the past 28 years, he has 

23   been associated with the Senate, has done 

24   excellent work on behalf of the Senators here.  

25   And his resume is extremely impressive.  He has 


                                                               4472

 1   an extensive resume in professional teaching and 

 2   training, but he's also known for his brilliant 

 3   legal mind.  And because of his contributions, 

 4   the people of New York State have reaped the 

 5   benefits of his expertise in developing 

 6   meaningful policy, which in many cases has 

 7   literally changed people's lives for the better.

 8                So make no mistake, having David 

 9   move on today is a loss for our institution that 

10   we hold so dear.  But we are also very happy and 

11   thrilled that he is starting a new chapter in his 

12   life.  And we wish him all the best, much 

13   success, and we can't wait to call you Judge.

14                Thank you, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Young.

17                The nominees feel free to be seated.  

18                I've got a whole list.  Just bear 

19   with me, all right?  Thank you, nominees.

20                We're going to go to Senator Parker.

21                SENATOR PARKER:   Thank you, 

22   Mr. President.

23                First let me congratulate all of the 

24   nominees to the New York State Court of Claims.  

25   I specifically rise to congratulate and to second 


                                                               4473

 1   the nomination of Michele S. Rodney, who although 

 2   not a constituent is a good personal friend for, 

 3   you know, probably over 20 years.  

 4                This St. John's University Law 

 5   School graduate has served with distinction for 

 6   almost 15 years in the Bronx DA's office, and has 

 7   had a very distinguished legal career and has 

 8   been a member of both the Westchester and the New 

 9   Rochelle bars.  

10                She is somebody whose work is also 

11   outside of the courtroom, has been in the 

12   classroom, where she has helped other people in 

13   their legal careers.  And I'm sure she is going 

14   to serve the courts with distinction and honor, 

15   and certainly brings a much-needed perspective 

16   and diversity to the courts.

17                I want to also congratulate her 

18   mother and father, Karl and Faye Rodney, who are 

19   institutions, you know, in the Caribbean 

20   community and in the larger journalistic 

21   community.  And certainly the fruit doesn't fall 

22   far from the tree when it talks about hard work, 

23   character and integrity.  And I also want to 

24   congratulate her sister as well.  

25                And I just wanted to say how proud I 


                                                               4474

 1   know I am and the people of my district are of 

 2   Michele Rodney, and we just all want to wish her 

 3   Godspeed in her journey to the bench.

 4                And while I still rise, let me 

 5   associate myself with Senator Young's comments 

 6   about David Lewis, who is somebody who, you know, 

 7   I think almost all of us have dealt with, with 

 8   dignity and respect.  He's somebody whose 

 9   expertise I think this institution has counted on 

10   for a number of decades, and certainly he's going 

11   to be missed.  And I want to wish him well and 

12   his family all the best of luck.

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Hamilton.

16                SENATOR HAMILTON:   Yes, 

17   Mr. President, I rise to congratulate all the 

18   nominees to the New York Court of Claims.  In 

19   particular, I'm rising on behalf of Lillian Wan.  

20                On the personal side, I know her as 

21   being a dynamic woman, a great mother of two 

22   children, and a great wife.  As an attorney in 

23   surrogates court, she was well respected as a 

24   great attorney, dealing with families during a 

25   time of hardship.  


                                                               4475

 1                She was in the top five of her class 

 2   at Albany Law School and was on Law Review.  And 

 3   she now works in Family Court in Kings County.  

 4                Kings County has 2.6 million people, 

 5   and Family Court in Kings County has the highest 

 6   rate of people coming in in the country.  It has 

 7   a calendar that's second to none in the United 

 8   States.  And many times the judges in Family 

 9   Court, I call them angels, or gods -- not gods, 

10   but people who are compassionate about the 

11   constituents in Kings County.  And Lillian Wan is 

12   one of those people.  Because an average judge 

13   goes from 9:00 to 5:00, but when you're in Family 

14   Court in Kings County, you may go from 9 o'clock 

15   to 6 o'clock, 7 o'clock at night.  

16                And Lillian Wan is someone who has 

17   stayed the course, who has worked hard.  And 

18   she's also making history, history in this 

19   chamber, history in this state, as being the 

20   first Asian-American woman to the Court of 

21   Claims.

22                So I rise to pay tribute to all the 

23   people to the Court of Claims, but especially to 

24   Lillian Wan on making history.  And I know she'll 

25   bring compassion to the court and will be an 


                                                               4476

 1   excellent judge in the Court of Claims.

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Hamilton.

 5                Senator Bailey.

 6                SENATOR BAILEY:   Thank you, 

 7   Mr. President.  

 8                I associate myself with all of the 

 9   comments of my esteemed colleagues in making sure 

10   that we recognize such a talented group and 

11   diverse group -- though we could do a little bit 

12   better on the diversity -- of wonderful 

13   judges-to-be.  Their records are beyond reproach.  

14                And I just want to make a comment 

15   about former dean -- I can't call her "Dean" 

16   anymore -- Michele Rodney.  I'm very sad that I 

17   won't be able to call her dean, but we gained a 

18   great mind on the bench.  

19                And Senator Parker spoke about her 

20   legal background, but I can speak about working 

21   with her at Monroe College and her understanding 

22   and leaving her door literally open to anybody 

23   who wanted to come talk to her about anything, 

24   whether it was personal, whether it was 

25   professional, in the classroom or out.  


                                                               4477

 1                That is the kind of person that we 

 2   need as a judge, because as an practicing 

 3   attorney, I know there are some attorneys that 

 4   I've practiced with that I wouldn't want to see 

 5   on the bench.  Not going to name any names.  

 6                But Dean Rodney is certainly 

 7   somebody that has the temperament in what is 

 8   often the forgotten branch of government.  We 

 9   focus on the legislative branch here, and we talk 

10   about the executive, but sometimes we forget how 

11   important it is to have good and qualified judges 

12   on the bench.  

13                And Michele Rodney, you exemplify 

14   that.  And I am happy to second your nomination 

15   as well, and I look forward to a long and storied 

16   career for you on the bench.  

17                Thank you, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Bailey.  

20                Senator Sepúlveda.  

21                SENATOR SEPÚLVEDA:   Thank you, 

22   Mr. President.

23                I too rise to congratulate every 

24   single individual that's been nominated in their 

25   own right.  They have impeccable resumes.  They 


                                                               4478

 1   are wonderful jurists.  And I'm sure that they'll 

 2   make us proud on the bench.

 3                I too want to associate myself with 

 4   the comments of Senator Bailey regarding 

 5   Michele Rodney.  She had an illustrious 14-year 

 6   career with the DA.  As an educator, a dean of 

 7   the School of Criminal Justice of Monroe College, 

 8   she has put other students on the path to become 

 9   members of the legal profession.  

10                But I'd be remiss not to take this 

11   opportunity to underscore the fact that there is 

12   still a lack of diversity on the bench of the 

13   State of New York, especially amongst Latinos.  

14   There are many wonderful Latino attorneys, 

15   wonderful Latino educators in the legal 

16   profession that are still -- that are still not 

17   feeling like they're part of the judicial 

18   process.  That has to change.  It is our 

19   responsibility.  

20                These individuals can serve as role 

21   models for the future, for future lawyers who 

22   aspire to become judges, who aspire to go to the 

23   Court of Appeals and maybe aspire to become part 

24   of the United States Supreme Court.

25                But today I want to congratulate all 


                                                               4479

 1   of the individuals today, and I want to thank 

 2   them for their service to the State of New York.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Sepúlveda.

 5                Senator Bonacic.

 6                SENATOR BONACIC:   Real brief, I 

 7   want to congratulate all 11 judges.  I want to 

 8   single out David Lewis.  I know his bride, 

 9   Mrs. Lewis, would have loved to be here today, 

10   but yesterday she had brain surgery.  

11                And I want you to know we wish her a 

12   speedy recovery and that she be home soon to join 

13   you in the next chapter of your life.

14                Thank you, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Bonacic.

17                Senator Flanagan.

18                SENATOR FLANAGAN:   Thank you, 

19   Mr. President.

20                I want to concur with the remarks of 

21   Senator Bonacic and take a moment to just say 

22   thank you to Senator Bonacic in his capacity as 

23   chair of the Judiciary Committee.  Anyone who 

24   serves on the committee knows that he takes that 

25   obligation very seriously, does a significant 


                                                               4480

 1   vetting of all the candidates before the 

 2   committee, prior to the committee, and he does 

 3   follow-up as well.

 4                So sometimes people overlook the 

 5   fact that the role of confirmation and consent by 

 6   the Senate is a perfunctory exercise when many of 

 7   us know that's simply not the case.  So to 

 8   Senator Bonacic, thank you for your diligence, 

 9   your patience, and your service.

10                To our honorees who are here today, 

11   of course congratulations to all of you, and to 

12   your families who have stuck it out throughout 

13   the day.

14                To David Lewis, David, best of luck, 

15   good luck, congratulations.  

16                And to Judge Martorana, who hails 

17   from Suffolk County -- Kenny LaValle knows him 

18   quite well also -- you know, I know he's supposed 

19   to have deference -- "Honorable," "Judge," all 

20   these different things.  To us, Vinny, you're 

21   still Vinny.  You've been a great practicing 

22   lawyer for many years.  You got, obviously, 

23   elected to the bench.  This appointment was a 

24   capstone in your career.  

25                I just want to wish you 


                                                               4481

 1   congratulations.  It's great that you have your 

 2   wife here with you today.  

 3                And I have a special final 

 4   introduction for Judge Kelley.  Judge Kelley is a 

 5   sitting judge in Suffolk County, and she is now 

 6   obviously going to be elevated to the Court of 

 7   Claims.  So I want to tell -- Senator Bonacic 

 8   said he felt kind of bad.  You've been here all 

 9   day, had to wait around, you weren't sure what's 

10   going to happen.  

11                I don't really feel that bad.  

12   Because we have to run for office every two 

13   years, and every one of you who is going to the 

14   Court of Claims just got a nine- or ten-year 

15   term, so you don't have to run for office.  So if 

16   the worst thing you have to do is sit around all 

17   day, with that kind of action, I'll take it any 

18   single day.

19                But Judge Kelly, a number of our 

20   colleagues spoke to the resume of the people who 

21   are now being confirmed.  I read a bunch of 

22   things about Chris Kelley's resume.  

23                Chris is here with her spouse, 

24   Jackie.  And Marina, Calla, I got a chance to 

25   spend some quality time with today.  And it's 


                                                               4482

 1   great to see government through the eyes of young 

 2   children, and they were enthralled -- well, 

 3   Calla, is 20, so maybe a young woman.  But for 

 4   them to see the chamber, the Capitol, they were 

 5   in awe as the day progressed.  

 6                Now, the most important thing I can 

 7   tell you about Judge Kelley, if I knew nothing 

 8   else -- and it's not going to appear on her 

 9   resume -- she's an FOM, Friend of Mom.  Chris and 

10   my mother worked together in the Family Court for 

11   many, many years.  So if I ever needed any 

12   vindication or any affirmation of her skill sets 

13   or her talents, my mother said she's a great 

14   person, great judge.  

15                Chris, to you, your family, and to 

16   everyone, best of luck and congratulations.  Do 

17   us proud, and do great things for the State of 

18   New York.

19                Mr. President, thank you.

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Flanagan.

22                The question before the house is on 

23   the names read for the position of Court of 

24   Claims Judge for the State of New York.  All in 

25   favor say aye.


                                                               4483

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   Those 

 5   individuals that have been named and read are 

 6   hereby confirmed by the Senate as Court of Claims 

 7   Judges for the State of New York.  

 8                Please rise and be recognized.  

 9   Congratulations and best wishes.

10                (Standing ovation.)

11                ACTING PRESIDENT GRIFFO:   Our 

12   congratulations and best wishes.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   We are going 

15   to stand at ease temporarily.

16                ACTING PRESIDENT GRIFFO:   The 

17   Senate will stand temporarily at ease.

18                (Whereupon, the Senate stood at ease 

19   at 8:13 p.m.)

20                (Whereupon, the Senate reconvened at 

21   8:33 p.m.)

22                SENATOR DeFRANCISCO:    

23   Mr. President.  Mr. President, please.

24                ACTING PRESIDENT BONACIC:   The 

25   Senate will come to order while I take a picture 


                                                               4484

 1   with Senator Stavisky.

 2                SENATOR DeFRANCISCO:   Excuse me.

 3                (Laughter.)

 4                SENATOR DeFRANCISCO:   John, could 

 5   you please kiss down on the -- downstairs?  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   DeFrancisco.

 8                SENATOR DeFRANCISCO:   Yes.  There 

 9   will be a Rules Committee meeting in 332 at 

10   9:00 p.m., and an immediate meeting of the 

11   Finance Committee to deal with some nonpaid 

12   appointments.

13                ACTING PRESIDENT GRIFFO:   There's 

14   an immediate meeting of the Finance Committee in 

15   Room 332.  That will be followed by a meeting at 

16   9:00 p.m. of the Rules Committee, also in 

17   Room 332.

18                SENATOR DeFRANCISCO:   Thank you.

19                ACTING PRESIDENT GRIFFO:   The 

20   Senate will stand at ease.

21                And the podium is available to take 

22   pictures with Senator Bonacic.

23                (Laughter.)

24                (Whereupon, the Senate stood at ease 

25   at 8:34 p.m.)


                                                               4485

 1                (Whereupon, the Senate reconvened at 

 2   9:02 p.m.)

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Senate returns to order.

 5                Senator DeFrancisco for an 

 6   announcement.

 7                SENATOR DeFRANCISCO:   Not for an 

 8   announcement.  Do we have a Rules Committee 

 9   agenda yet?  I mean a Finance Committee report.  

10                ACTING PRESIDENT GRIFFO:   We do 

11   have a Finance Committee report at the desk.

12                SENATOR DeFRANCISCO:   Can we take 

13   up the report, please.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Senator Young, from 

17   the Committee on Finance, reports the following 

18   nominations.  

19                As a member of the Port of Oswego 

20   Authority:  Francis Enwright.  

21                As members of the Ogdensburg Bridge 

22   and Port Authority:  David King and Joseph 

23   Andriano.  

24                As a nonvoting member of the 

25   Rochester-Genesee Regional Transportation 


                                                               4486

 1   Authority:  Jacques Chapman.  

 2                As a member of the New York Job 

 3   Development Authority:  Alfredo Vazquez Assad.  

 4                As a commissioner of the State 

 5   Insurance Fund:  Dennis Kessler.  

 6                As members of the Niagara Frontier 

 7   State Park, Recreation and Historic Preservation 

 8   Commission:  Thomas A. Chambers, Ph.D., and Susan 

 9   Swiatkowski.  

10                As a member of the Waterfront 

11   Commission of New York Harbor:  Paul T. 

12   Weinstein.  

13                As a director of the New York State 

14   Urban Development Corporation:  Eric Gertler.  

15                As a member of the Board of 

16   Directors of the New York Convention Center 

17   Operating Corporation:  Brian O'Dwyer.  

18                As a member of the Dormitory 

19   Authority of the State of New York:  Wellington 

20   Z. Chen.  

21                As a member of the Battery Park City 

22   Authority:  Anthony S. Kendall.  

23                As members of the Board of Directors 

24   of the New York Convention Center Operating 

25   Corporation:  Steven C. Koppel and Fred Wesley 


                                                               4487

 1   Dixon.  

 2                As members of the Veterans' Affairs 

 3   Commission:  Ken Rosenblum, Tanye D. 

 4   Nelson-Waller, Kent Eiler, and Eugene Di Giacomo.  

 5                As a member of the Board of Visitors 

 6   for the New York State Home for Veterans and 

 7   Their Dependents at Batavia:  Daniel J. Burling.  

 8                As a member of the Board of Visitors 

 9   for the New York State Home for Veterans and 

10   Their Dependents at Montrose:  Susan P. Hayel.  

11                As a member of the Board of Visitors 

12   of the Richard H. Hutchins Psychiatric Center:  

13   Mary K. Bartowski.

14                As a member of the Board of Visitors 

15   of the Helen Hayes Hospital:  Mary Eileen 

16   O'Brian, Ph.D.

17                 As members of the Justice Center 

18   Advisory Council:  Jeffery R. Savoy; Hanns 

19   Meissner, Ph.D.; Jason Edward Hershberger, Ph.D.; 

20   and Thomas McAlvanah.

21                As a member of the Board of Visitors 

22   of the Western New York Developmental 

23   Disabilities Services Office:  Michael P. Rogers.  

24                As a member of the Board of Visitors 

25   of the Rochester Psychiatric Center:  David 


                                                               4488

 1   Mullen.  

 2                As a member of the Board of Visitors 

 3   of the Rockland Psychiatric Center:  John Allen 

 4   Murphy.  

 5                As members of the Board of Visitors 

 6   of the Staten Island Developmental Disabilities 

 7   Services Office:  Patricia Yandoli and Bernardo 

 8   Pace.  

 9                As a member of the Board of Visitors 

10   of the Sunmount Developmental Disabilities 

11   Services Office:  Wayne P. Rogers.  

12                As members of the Behavioral Health 

13   Services Advisory Council:  Susan Saiomone and 

14   Donna Mae Depola.  

15                As a member of the Board of Visitors 

16   of the Elmira Psychiatric Center:  Richard Arthur 

17   Hamling.

18                As members of the Board of Visitors 

19   of the Central New York Developmental 

20   Disabilities Services Office:  James A. Yonai, 

21   Ph.D., and Young Hee-Lee.  

22                As a member of the Board of Visitors 

23   of the Buffalo Psychiatric Center:  Tadeusz S. 

24   Pietrzak.  

25                As members of the Board of Visitors 


                                                               4489

 1   of the Manhattan Psychiatric Center:  Peter G. 

 2   Holden, Sr., and Felton Jenkins.

 3                As members of the Board of Visitors 

 4   of the Binghamton Psychiatric Center:  Nancy Ann 

 5   Thomas and Joyce Gioia.  

 6                As a member of the Board of Visitors 

 7   of the Kingsboro Psychiatric Center:  Marie G. 

 8   Delus.  

 9                As members of the Board of Visitors 

10   of the Capital District Developmental 

11   Disabilities Services Office:  Patricia K. Wright 

12   and Linda E. Sartoris.  

13                As a member of the Board of Visitors 

14   of the Bronx Psychiatric Center:  Gerald M. 

15   Friedman.  

16                As a member of the Board of Visitors 

17   of the Mohawk Valley Psychiatric Center:  Ramona 

18   Rossi.  

19                As members of the Board of Visitors 

20   of the Richard H. Hutchins Psychiatric Center:  

21   Patricia M. Okoniewski and Robert Feldman, Ph.D. 

22                As a member of the Board of Visitors 

23   of the Hudson Valley Developmental Disabilities 

24   Services Office:  William Evans.  

25                As a member of the Board of Visitors 


                                                               4490

 1   of the New York City Children's Center:  Pasquale 

 2   DePetris, Ph.D. 

 3                As a commissioner of the State 

 4   Liquor Authority:  Lily M. Fan.  

 5                And as a member of the Public Health 

 6   and Health Planning Council:  Hugh R. Thomas.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco, I'll entertain a motion.

 9                SENATOR DeFRANCISCO:   Yes, I move 

10   to accept the report of the Finance Committee.

11                ACTING PRESIDENT GRIFFO:   All in 

12   favor of accepting the report of the Finance 

13   Committee say aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT GRIFFO:   Opposed?  

16                (No response.)

17                ACTING PRESIDENT GRIFFO:   The 

18   Finance Committee report has been accepted and is 

19   before the house.

20                SENATOR DeFRANCISCO:   Would you now 

21   take up the nominations.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Young.

24                SENATOR YOUNG:   Yes, Mr. President.  

25   I'm very honored and privileged to advance the 


                                                               4491

 1   names that were just read off to be confirmed.

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Kavanagh.

 5                SENATOR KAVANAGH:   Thank you, 

 6   Mr. President.  

 7                I rise to speak of the nomination of 

 8   Anthony Kendall to the Battery Park City 

 9   Authority Board.  

10                Mr. Kendall is someone who's lived 

11   and worked in Battery Park City for many years.  

12   He's a very distinguished nominee.  He has been 

13   the CEO of a major accounting firm in our 

14   community.  He is the chair of the Binghamton 

15   University Alumni Association, for the Binghamton 

16   folks in the room.

17                But for our purposes tonight, it's 

18   particularly noteworthy that he is the second 

19   resident of Battery Park City who is being 

20   appointed to the seven-person board.  That is 

21   pursuant to a piece of legislation that was 

22   negotiated and passed in this chamber and signed 

23   by the Governor in December, with a recent 

24   amendment to make it effective.  

25                So I just want to thank all those 


                                                               4492

 1   who brought this nomination forward and, more 

 2   than that, the people of Battery Park City who 

 3   have fought very hard and very long to have real 

 4   representation on that board.  And again, I'd 

 5   like to acknowledge the great work of my 

 6   predecessor, Daniel Squadron, who worked long and 

 7   hard to get this done.  

 8                So thank you, Mr. President.  I'll 

 9   be voting in the affirmative.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Robach.

12                SENATOR ROBACH:   Yes, 

13   Mr. President, just real quickly.  I wanted to 

14   rise -- I'm happy that we're finally getting to 

15   Hugh Thomas on the Public Hospital Planning 

16   Commission.  

17                And I'll just say expeditiously -- 

18   his resume is in the package -- he's done great 

19   things to advance healthcare in Rochester, and I 

20   think he'll be a great member of this board as 

21   well.  He's a great member of our community, with 

22   a lot of expertise, both legal and in healthcare, 

23   and this is good.  

24                I would be remiss if I didn't take 

25   this chance, though, since he stuck it out to be 


                                                               4493

 1   here, I don't know why it took the Governor 

 2   three and a half years to send us the nomination, 

 3   but I'm glad it's finally here.  Better late than 

 4   never.  

 5                Thank you, Mr. Thomas, for your 

 6   willingness to serve not only in Rochester but 

 7   the greater State of New York.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Senator Robach.

11                Senator Funke.

12                SENATOR FUNKE:   Thank you, 

13   Mr. President.  

14                I really wanted to support Dennis 

15   Kessler as a commissioner of the State Insurance 

16   Fund.  

17                He is a Northwestern and Yale Law 

18   grad, professor of entrepreneurship at the 

19   University of Rochester Simon School of Business.  

20   He has also taught at CCNY and St. John Fisher 

21   College and at SUNY Brockport -- all this while 

22   operating 69 Friendlys and Burger King 

23   restaurants.  All this while serving his 

24   community in a wide range of ways.  All this 

25   while giving back philanthropically, with his 


                                                               4494

 1   brother Larry, and providing funding for the 

 2   Kessler Burn Center in Rochester and the Kessler 

 3   Trauma Center and the Kessler Center for People 

 4   with Disabilities.  

 5                He is smart, he is diligent, he is a 

 6   man of utmost integrity.  He will make an 

 7   outstanding commissioner at the State Insurance 

 8   Fund.  

 9                So I wholly support Dennis Kessler 

10   for this position.  And again, it took two and a 

11   half years to get this done, and that is not a 

12   good thing.  We need to figure out a better way 

13   to handle these appointments.

14                Thank you very much.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Funke.

17                The question before the house is on 

18   the nominations of the individuals that have been 

19   named for the positions that were so designated.  

20   All those in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT GRIFFO:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT GRIFFO:    

25   Accordingly, all those individuals who have been 


                                                               4495

 1   read and named for the positions that were 

 2   designated are hereby confirmed by the Senate.  

 3                Congratulations.  We appreciate your 

 4   willingness to serve.  Best of luck to you.  

 5                Let's acknowledge those in 

 6   attendance.

 7                (Applause.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   We will now 

11   stand at ease.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senate will stand at ease.

14                (Whereupon, the Senate stood at ease 

15   at 9:12 p.m.)

16                (Whereupon, the Senate reconvened at 

17   10:35 p.m.)

18                ACTING PRESIDENT GRIFFO:   The 

19   Senate will come to order.

20                SENATOR DeFRANCISCO:   I'd like to 

21   call an immediate meeting of the Rules Committee 

22   in Room 332.

23                ACTING PRESIDENT GRIFFO:   There 

24   will be an immediate meeting of the Rules 

25   Committee in Room 332, an immediate meeting of 


                                                               4496

 1   the Rules Committee in Room 332.  

 2                The Senate is at ease.

 3                (Whereupon, the Senate stood at ease 

 4   at 10:35 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   10:55 p.m.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senate will come to order.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes.  Is 

11   there a report of the Rules Committee at the 

12   desk?

13                ACTING PRESIDENT GRIFFO:   There is 

14   a report of the Rules Committee at the desk.  

15                The Secretary will read.

16                THE SECRETARY:   Senator Flanagan, 

17   from the Committee on Rules, reports the 

18   following bills:  

19                Senate Print 2281, by Senator 

20   Griffo, an act to amend the State Finance Law; 

21                Senate 2493A, by Senator Phillips, 

22   an act to amend the Education Law; 

23                Senate 3362A, by Senator Krueger, an 

24   act to amend the New York State Urban Development 

25   Corporation Act; 


                                                               4497

 1                Senate 3512, by Senator Ranzenhofer, 

 2   an act to amend the Education Law; 

 3                Senate 3875, by Senator Ranzenhofer, 

 4   an act to amend the Education Law; 

 5                Senate 3905A, by Senator Griffo, an 

 6   act to amend the Tax Law; 

 7                Senate 1156C, by Senator Ortt, an 

 8   act to amend the Insurance Law; 

 9                Senate 7199A, by Senator Seward, an 

10   act to amend the Penal Law; 

11                Senate 7211, by Senator LaValle, an 

12   act to amend Chapter 464 of the Laws of 2016; 

13                Senate 7536, by Senator Breslin, an 

14   act to amend Chapter 105 of the Laws of 2009; 

15                Senate 7945, by Senator Funke, an 

16   act to amend the Education Law; 

17                Senate 7960, by Senator Ranzenhofer, 

18   an act to amend the Public Authorities Law; 

19                Senate 7997A, by Senator Boyle, an 

20   act to amend the Environmental Conservation Law; 

21                Senate 8073A, by Senator Montgomery, 

22   an act to amend the Labor Law; 

23                Senate 8122A, by Senator Kennedy, an 

24   act to amend Chapter 108 of the Laws of 2016; 

25                Senate 8168, by Senator Griffo, an 


                                                               4498

 1   act to amend the Education Law; 

 2                Senate 8286, by Senator Ortt, an act 

 3   to require; 

 4                Senate 8292, by Senator Little, an 

 5   act to authorize; 

 6                Senate 8311A, by Senator Griffo, an 

 7   act to amend the Public Service Law; 

 8                Senate 8362A, by Senator Ritchie, an 

 9   act to amend the Agriculture and Markets Law; 

10                Senate 8377, by Senator Mayer, an 

11   act to amend Chapter 89 of the Laws of 2009; 

12                Senate 8519, by Senator O'Mara, an 

13   act in relation to; 

14                Senate 8565, by Senator LaValle, an 

15   act to amend the Environmental Conservation Law; 

16                Senate 8570, by Senator LaValle, an 

17   act to amend the Environmental Conservation Law; 

18                Senate 8759, by Senator Amedore, an 

19   act to amend the Executive Law; 

20                Senate 8760, by Senator Amedore, an 

21   act to amend the Civil Practice Law and Rules;

22                Senate 8817A, by Senator Marcellino, 

23   an act to incorporate; 

24                Senate 8846, by Senator Gallivan, an 

25   act to authorize; 


                                                               4499

 1                Senate 8847A, by Senator Felder, an 

 2   act redistributing;

 3                Senate 8938, by Senator Funke, an 

 4   act to amend the Tax Law; 

 5                Senate 8946, by Senator Lanza, an 

 6   act to amend the Public Authorities Law; 

 7                Senate 8968, by Senator Helming, an 

 8   act to amend the Executive Law; 

 9                Senate 8980A, by Senator Jacobs, an 

10   act to amend the Criminal Procedure Law; 

11                Senate 8999B, by Senator Mayer, an 

12   act to amend the Public Service Law;

13                Senate 9008, by Senator Flanagan, an 

14   act to amend the Social Services Law; 

15                Senate 9011B, by Senator Little, an 

16   act to authorize; 

17                Senate 9038, by Senator Ortt, an act 

18   to amend the Public Service Law; 

19                Senate 9044, by Senator Murphy, an 

20   act to amend the Tax Law; 

21                Senate 9071, by Senator Ortt, an act 

22   to amend the Public Health Law; 

23                Senate 8713, by Senator Gallivan, an 

24   action granting; 

25                Senate 9116, by Senator Hamilton, an 


                                                               4500

 1   act to amend the Criminal Procedure Law;

 2                Senate 8783, by Senator Golden, an 

 3   act to amend the Private Housing Finance Law; 

 4                Senate 9004, by Senator Boyle, an 

 5   act establishing; 

 6                Senate 7837, by Senator Kennedy, an 

 7   act to amend the Public Authorities Law; 

 8                Senate 8875, by Senator 

 9   Stewart-Cousins, an act to amend the Vehicle and 

10   Traffic Law; and 

11                Senate 9102, by Senator Savino, an 

12   act to amend the Public Health Law.  

13                All bills reported direct to third 

14   reading.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   I now move to 

18   accept the report of the Rules Committee, please.

19                ACTING PRESIDENT GRIFFO:   All in 

20   favor of accepting the Committee on Rules report 

21   say aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4501

 1   Rules Committee report is accepted and before the 

 2   house.

 3                SENATOR DeFRANCISCO:   Can we go 

 4   back to messages from the Assembly.

 5                ACTING PRESIDENT GRIFFO:   We'll go 

 6   back to messages from the Assembly, and the 

 7   Secretary will read.  (Pause.)

 8                Senator DeFrancisco, it will take us 

 9   a couple of minutes.  The desk is organizing the 

10   subs right now as they've been brought to the 

11   chamber.

12                SENATOR DeFRANCISCO:   That's quite 

13   all right.  We have nothing else to do.

14                (Pause.)

15                ACTING PRESIDENT GRIFFO:   Okay, we 

16   are ready to read the subs from the sub report.  

17                If I can have some order, please, 

18   the Secretary will begin.

19                THE SECRETARY:   Senator Krueger 

20   moves to discharge, from the Committee on Rules, 

21   Assembly Bill Number 8292A and substitute it for 

22   the identical Senate Bill 3362A, Third Reading 

23   Calendar 2102.

24                Senator Ortt moves to discharge, 

25   from the Committee on Rules, Assembly Bill 


                                                               4502

 1   Number 3694C and substitute it for the identical 

 2   Senate Bill 1156C, Third Reading Calendar 2106.

 3                Senator LaValle moves to discharge, 

 4   from the Committee on Environmental Conservation, 

 5   Assembly Bill Number 8747 and substitute it for 

 6   the identical Senate Bill 7211, Third Reading 

 7   Calendar 2108.

 8                Senator Breslin moves to discharge, 

 9   from the Committee on Rules, Assembly Bill 

10   Number 9622 and substitute it for the identical 

11   Senate Bill 7536, Third Reading Calendar 2109.

12                Senator Boyle moves to discharge, 

13   from the Committee on Rules, Assembly Bill 

14   Number 11040 and substitute it for the identical 

15   Senate Bill 7997A, Third Reading Calendar 2112.

16                Senator Kennedy moves to discharge, 

17   from the Committee on Rules, Assembly Bill 

18   Number 10298A and substitute it for the identical 

19   Senate Bill 8122A, Third Reading Calendar 2114.

20                Senator Little moves to discharge, 

21   from the Committee on Rules, Assembly Bill 

22   Number 10492 and substitute it for the identical 

23   Senate Bill 8292, Third Reading Calendar 2117.

24                Senator Griffo moves to discharge, 

25   from the Committee on Rules, Assembly Bill 


                                                               4503

 1   Number 8010A and substitute it for the identical 

 2   Senate Bill 8311A, Third Reading Calendar 2118.

 3                Senator Ritchie moves to discharge, 

 4   from the Committee on Rules, Assembly Bill 

 5   Number 10301B and substitute it for the identical 

 6   Senate Bill 8362A, Third Reading Calendar 2119.

 7                Senator Mayer moves to discharge, 

 8   from the Committee on Rules, Assembly Bill 

 9   Number 10516 and substitute it for the identical 

10   Senate Bill 8377, Third Reading Calendar 2120.

11                Senator LaValle moves to discharge, 

12   from the Committee on Rules, Assembly Bill 

13   Number 10682 and substitute it for the identical 

14   Senate Bill 8565, Third Reading Calendar 2122.

15                Senator LaValle moves to discharge, 

16   from the Committee on Environmental Conservation, 

17   Assembly Bill Number 10506A and substitute it for 

18   the identical Senate Bill 8570, Third Reading 

19   Calendar 2123.

20                Senator Amedore moves to discharge, 

21   from the Committee on Rules, Assembly Bill 

22   Number 10403 and substitute it for the identical 

23   Senate Bill 8760, Third Reading Calendar 2125.

24                Senator Marcellino moves to 

25   discharge, from the Committee on Rules, 


                                                               4504

 1   Assembly Bill Number 11115A and substitute it for 

 2   the identical Senate Bill 8817A, Third Reading 

 3   Calendar 2126.  

 4                Senator Felder moves to discharge, 

 5   from the Committee on Rules, Assembly Bill 

 6   Number 10971A and substitute it for the identical 

 7   Senate Bill 8847A, Third Reading Calendar 2128.

 8                Senator Funke moves to discharge, 

 9   from the Committee on Rules, Assembly Bill 

10   Number 4572A and substitute it for the identical 

11   Senate Bill 8938, Third Reading Calendar 2129.

12                Senator Lanza moves to discharge, 

13   from the Committee on Rules, Assembly Bill 

14   Number 9805A and substitute it for the identical 

15   Senate Bill 8946, Third Reading Calendar 2130.

16                Senator Helming moves to discharge, 

17   from the Committee on Rules, Assembly Bill 

18   Number 9981A and substitute it for the identical 

19   Senate Bill 8968, Third Reading Calendar 2131.

20                Senator Mayer moves to discharge, 

21   from the Committee on Rules, Assembly Bill 

22   Number 11118C and substitute it for the identical 

23   Senate Bill 8999B, Third Reading Calendar 2133.

24                Senator Flanagan moves to discharge, 

25   from the Committee on Rules, Assembly Bill 


                                                               4505

 1   Number 10697 and substitute it for the identical 

 2   Senate Bill 9008, Third Reading Calendar 2134.

 3                Senator Little moves to discharge, 

 4   from the Committee on Rules, Assembly Bill 

 5   Number 11193A and substitute it for the identical 

 6   Senate Bill 9011B, Third Reading Calendar 2135.

 7                Senator Murphy moves to discharge, 

 8   from the Committee on Veterans, Homeland Security 

 9   and Military Affairs, Assembly Bill Number 3842A 

10   and substitute it for the identical Senate 

11   Bill 9044, Third Reading Calendar 2137.

12                Senator Gallivan moves to discharge, 

13   from the Committee on Rules, Assembly Bill 

14   Number 10770 and substitute it for the identical 

15   Senate Bill 8713, Third Reading Calendar 2139.

16                Senator Hamilton moves to discharge, 

17   from the Committee on Rules, Assembly Bill 

18   Number 11185 and substitute it for the identical 

19   Senate Bill 9116, Third Reading Calendar 2140.

20                Senator Golden moves to discharge, 

21   from the Committee on Rules, Assembly Bill 

22   Number 10828 and substitute it for the identical 

23   Senate Bill 8783, Third Reading Calendar 2141.

24                Senator Kennedy moves to discharge, 

25   from the Committee on Rules, Assembly Bill 


                                                               4506

 1   Number 10074 and substitute it for the identical 

 2   Senate Bill 7837, Third Reading Calendar 2143.

 3                And Senator Stewart-Cousins moves 

 4   to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 10961A and substitute it 

 6   for the identical Senate Bill 8875, 

 7   Third Reading Calendar 2144.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitutions are so ordered as read and 

10   presented to the house.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:    

13   Mr. President, there is a supplemental active 

14   list, starting with Calendar 46, by 

15   Senator Griffo.  I'd like to do the 

16   noncontroversial reading of that bill.

17                ACTING PRESIDENT GRIFFO:   The 

18   Secretary will read.

19                Senator DeFrancisco, before we begin 

20   the calendar, we just received another batch of 

21   messages from the Assembly for substitutions.  

22   Can you allow us to go back to messages from the 

23   Assembly to allow those subs to be put in?  

24                SENATOR DeFRANCISCO:   Excellent 

25   idea.


                                                               4507

 1                ACTING PRESIDENT GRIFFO:   Okay, 

 2   we'll return to messages from the Assembly, and 

 3   the Secretary will read.

 4                THE SECRETARY:   On page 4, 

 5   Senator Griffo moves to discharge, from the 

 6   Committee on Rules, Assembly Bill Number 8921A 

 7   and substitute it for the identical Senate Bill 

 8   7318A, Third Reading Calendar 46.

 9                On page 20, Senator Savino moves to 

10   discharge, from the Committee on Judiciary, 

11   Assembly Bill Number 7899A and substitute it for 

12   the identical Senate Bill 6217A, Third Reading 

13   Calendar 595.

14                On page 29, Senator Bonacic moves to 

15   discharge, from the Committee on Judiciary, 

16   Assembly Bill Number 9564 and substitute it for 

17   the identical Senate Bill 6179A, Third Reading 

18   Calendar 811.

19                On page 36, Senator Croci moves to 

20   discharge, from the Committee on Rules, 

21   Assembly Bill Number 10859 and substitute it for 

22   the identical Senate Bill 7907, Third Reading 

23   Calendar 987.

24                On page 36, Senator O'Mara moves to 

25   discharge, from the Committee on Rules, 


                                                               4508

 1   Assembly Bill Number 10611 and substitute it for 

 2   the identical Senate Bill 7953, Third Reading 

 3   Calendar 991.

 4                On page 46, Senator Murphy moves to 

 5   discharge, from the Committee on Rules, 

 6   Assembly Bill Number 9640A and substitute it for 

 7   the identical Senate Bill 7603A, Third Reading 

 8   Calendar 1237.

 9                On page 57, Senator Golden moves to 

10   discharge, from the Committee on Alcoholism and 

11   Drug Abuse, Assembly Bill Number 8151 and 

12   substitute it for the identical Senate Bill 8552, 

13   Third Reading Calendar 1428.

14                On page 61, Senator Hannon moves to 

15   discharge, from the Committee on Rules, 

16   Assembly Bill Number 397B and substitute it for 

17   the identical Senate Bill 7522A, Third Reading 

18   Calendar 1498.

19                On page 62, Senator LaValle moves to 

20   discharge, from the Committee on Rules, 

21   Assembly Bill Number 10681A and substitute it for 

22   the identical Senate Bill 8658A, Third Reading 

23   Calendar 1617.

24                On page 65, Senator Ritchie moves to 

25   discharge, from the Committee on Rules, 


                                                               4509

 1   Assembly Bill Number 10803 and substitute it for 

 2   the identical Senate Bill 5309B, Third Reading 

 3   Calendar 1835.

 4                On page 66, Senator Gallivan moves 

 5   to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 5539B and substitute it for 

 7   the identical Senate Bill 8272A, Third Reading 

 8   Calendar 1873.

 9                On page 67, Senator Serino moves to 

10   discharge, from the Committee on Rules, 

11   Assembly Bill Number 10743A and substitute it for 

12   the identical Senate Bill 8928, Third Reading 

13   Calendar 1895.  

14                And on page 68, Senator Golden moves 

15   to discharge, from the Committee on Rules, 

16   Assembly Bill Number 11241 and substitute it for 

17   the identical Senate Bill 8837A, Third Reading 

18   Calendar 1976.

19                ACTING PRESIDENT GRIFFO:   The 

20   substitutions are so ordered as read and 

21   presented.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Now can we 

24   take up the supplemental active list, starting 

25   with Calendar 46 by Senator Griffo.


                                                               4510

 1                ACTING PRESIDENT GRIFFO:   We will 

 2   begin the noncontroversial reading of the 

 3   supplemental active list with Calendar Number 46.

 4                THE SECRETARY:   Calendar Number 46, 

 5   substituted earlier by Member of the Assembly 

 6   Paulin, Assembly Print 8921A, an act to amend the 

 7   Public Service Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   595, substituted earlier by Member of the 

20   Assembly Rozic, Assembly Print 7899A, an act to 

21   amend the Surrogate's Court Procedure Act.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4511

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Savino to explain her vote.

 6                SENATOR SAVINO:   Thank you, 

 7   Mr. President.  

 8                I want to thank all of my colleagues 

 9   for supporting this piece of legislation, which 

10   may seem like an arcane change to the 

11   Surrogate's Court Procedure Act, but in fact it 

12   is very timely.

13                The Surrogate's Court Procedure Act 

14   allows a parent or guardian to designate a 

15   standby guardian in the event of their 

16   incapacity, their debilitation or their death.  

17   We are seeking to amend that to allow a parent to 

18   add a standby guardian in the event of an 

19   administrative separation between them and their 

20   child.  

21                As we speak, the country is 

22   transfixed with what is happening at the border 

23   and in detention centers, where parents and 

24   children are being separated as a result of the 

25   immigration status of the parents.  This bill 


                                                               4512

 1   will allow parents to designate a guardian that 

 2   they trust, that they know, that they may be 

 3   related to, who has status here in the 

 4   United States to protect those children.

 5                As a former caseworker, I can tell 

 6   you I am still haunted by the experience of 

 7   separating children from their parents.  It is a 

 8   traumatic experience for children that they never 

 9   get over.  The ability to place them with someone 

10   that they know and trust is so critically 

11   important.  

12                And I want to thank each and every 

13   one of you for helping me with this.  Senator 

14   Golden, you were there; Senator Felder; and of 

15   course our leader Senator Stewart-Cousins.  And I 

16   want to thank the staff for making sure this bill 

17   made it on, the last bill of the night.  It is 

18   that important that we protect children when they 

19   need it the most.  

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Savino in the affirmative.

23                Announce the results.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4513

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   811, substituted earlier by Member of the 

 4   Assembly Dinowitz, Assembly Print 9564, an act to 

 5   amend the Uniform Commercial Code.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   987, substituted earlier by Member of the 

18   Assembly Pellegrino, Assembly Print 10859, an act 

19   to amend the Environmental Conservation Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4514

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Kaminsky to explain his vote.

 4                SENATOR KAMINSKY:   Thank you.

 5                Although I would like to use this 

 6   time to speak of my love of scallops, I instead 

 7   want to speak of my affection for the sponsor of 

 8   the bill, Senator Croci.  He's really been the 

 9   MVP of our conference over the last few weeks and 

10   has really taken us --

11                (Laughter.)

12                SENATOR KAMINSKY:   -- really taken 

13   us farther than we really have ever been in a 

14   long time, and I want to thank him.  I never 

15   really understood the phrase "less is more" until 

16   the last few weeks.  

17                And I wish him well.  I actually do 

18   appreciate his service.  

19                But I vote in the affirmative.  

20   Thank you.

21                ACTING PRESIDENT GRIFFO:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 987, those recorded in the negative are 

25   Senators Gallivan, Griffo, Ortt and Ritchie.  


                                                               4515

 1   Also Senator Little.  Also Senator Helming.  

 2                Ayes, 54.  Nays, 6.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   991, substituted earlier by Member of the 

 7   Assembly Stern, Assembly Print 10611, an act to 

 8   amend the Environmental Conservation Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1071, by Senator Ranzenhofer, Senate Print 3238, 

21   an act to amend the Alcoholic Beverage Control 

22   Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4516

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Announce 

 6   the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 1071, those recorded in the negative are 

 9   Senators Alcantara, Bailey, Benjamin, Breslin, 

10   Comrie, Dilan, Gianaris, Hamilton, Hoylman, 

11   Krueger, Montgomery, Peralta, Persaud, Sanders, 

12   Sepúlveda and Serrano.  

13                Ayes, 44.  Nays, 16.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1097, by Senator Tedisco, Senate Print 2883A, an 

18   act to amend the Executive Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 90th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4517

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1237, substituted earlier by Member of the 

 6   Assembly Galef, Assembly Print 9640A, an act to 

 7   amend the Executive Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   1291, by Senator Murphy, Senate Print 7262A, an 

20   act to amend the Public Service Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 6.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4518

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   1300, by Senator DeFrancisco, Senate Print 7671, 

 8   an act to amend the Public Authorities Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 7.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco to explain his vote.

18                SENATOR DeFRANCISCO:   Yes.  I voted 

19   for the naming of the bridge, the Mario Cuomo 

20   Bridge.  And it wasn't until I started running 

21   around the state seeking the Republican 

22   nomination for governor that I realized the 

23   historical significance of the name Tappan Zee.  

24                Anytime I was in the Hudson Valley, 

25   I heard from people saying this is a historic 


                                                               4519

 1   name and has meaning, this is wrong.  Many wanted 

 2   to remove the name Mario Cuomo from the bridge 

 3   and go back to Tappan Zee.  

 4                It seemed to me that a reasonable 

 5   compromise would be to name it the Mario Cuomo 

 6   Tappan Zee Bridge.  And those thousands upon 

 7   thousands of people who signed petitions calling 

 8   for it to be changed were satisfied with that 

 9   compromise.  

10                I want to make it clear this is no 

11   disrespect to Mario Cuomo.  His name will forever 

12   be on the bridge.  I served in the Senate for 

13   two years under Mario Cuomo, and he was an 

14   honorable individual who did a lot of things for 

15   the state.  

16                So this compromise I think respects 

17   both history and the service of Mario Cuomo, and 

18   that's why I brought the bill, that's why I'm 

19   voting yes, and that's why I'm asking for support 

20   of this body.

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   DeFrancisco in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               4520

 1   Calendar 1300, those recorded in the negative are 

 2   Senators Alcantara, Bailey, Benjamin, Breslin, 

 3   Brooks, Dilan, Gianaris, Hamilton, Hoylman, 

 4   Kaminsky, Kavanagh, Kennedy, Klein, Peralta, 

 5   Sanders, Savino, Sepúlveda, and Serrano.  Also 

 6   Senator Krueger.  Also Senator Persaud.  

 7                Ayes, 40.  Nays, 20.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   1428, substituted earlier by Member of the 

12   Assembly Rosenthal, Assembly Print 8151, an act 

13   to amend the Mental Hygiene Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 180th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   1434, by Senator Golden, Senate Print 1634B, an 


                                                               4521

 1   act to amend the Administrative Code of the City 

 2   of New York.

 3                SENATOR KLEIN:   Lay it aside, 

 4   please. 

 5                ACTING PRESIDENT GRIFFO:   Lay it 

 6   aside.

 7                THE SECRETARY:   Calendar Number 

 8   1498, substituted earlier by Member of the 

 9   Assembly Gunther, Assembly Print 397B, an act to 

10   amend the Public Health Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1500, by Senator Hannon, Senate Print 8082A, an 

23   act to amend the Public Health Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4522

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect January 1, 2019.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   1617, substituted earlier by Member of the 

11   Assembly Thiele, Assembly Print 10681A, an act 

12   authorizing.

13                ACTING PRESIDENT GRIFFO:   There is 

14   a home-rule message present at the desk.

15                The Secretary will read the last 

16   section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4523

 1   1815, by Senator Amedore, Senate Print 893, an 

 2   act to establish.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  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.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   1817, by Senator Marcellino, Senate Print 1261, 

15   an act to amend the Vehicle and Traffic Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect on the 60th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.  Nays, 1.  

24   Senator Marchione recorded in the negative.  

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4524

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   1829, by Senator Seward, Senate Print 4288, an 

 4   act to amend the State Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Krueger to explain her vote.

14                SENATOR KRUEGER:   Thank you.

15                 I consulted with the state tree 

16   frog, and he doesn't think we should have 

17   baseball as our official sport.  So I'm voting 

18   no.

19                (Laughter.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Krueger in the negative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar 1829, those recorded in the negative are 

25   Senators Hoylman, Kavanagh, Krueger and 


                                                               4525

 1   Sepúlveda.  

 2                Ayes, 56.  Nays, 4.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1832, by Senator Helming, Senate Print 4536A, an 

 7   act to amend the Public Health Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1835, substituted earlier by Member of the 

20   Assembly Magee, Assembly Print 10803, an act to 

21   amend the Agriculture and Markets Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 16.  This 

25   act shall take effect on the 120th day.


                                                               4526

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1842, by Senator Ritchie, Senate Print 5897A, an 

 9   act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of November.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   1873, substituted earlier by Member of the 

22   Assembly Weprin, Assembly Print 5539B, an act to 

23   amend the Municipal Home Rule Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4527

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1895, substituted earlier by Member of the 

11   Assembly Byrne, Assembly Print 10743A, an act to 

12   amend the Town Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   1976, substituted earlier by the Assembly 

25   Committee on Rules, Assembly Print 11241, an act 


                                                               4528

 1   to amend the Civil Service Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                And Senator DeFrancisco, that 

13   completes the noncontroversial reading of the 

14   active list currently before the house.

15                SENATOR DeFRANCISCO:   All right.  

16   Can we now take up Calendar 1342, that's Senate 

17   Print 6424A, by Senator Ritchie.

18                (Lengthy pause.)

19                ACTING PRESIDENT GRIFFO:   The 

20   Senate will return to order.

21                The Secretary will read.

22                THE SECRETARY:   Senator Ritchie 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 7265A and substitute it for 

25   the identical Senate Bill 6424A, Third Reading 


                                                               4529

 1   Calendar 1342.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered, and the Secretary 

 4   will read.

 5                THE SECRETARY:   Calendar Number 

 6   1342, by Member of the Assembly Abinanti, 

 7   Assembly Print 7265A, an act to amend the 

 8   State Finance Law.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                The Secretary will continue.

20                THE SECRETARY:   Senator Flanagan 

21   moves to discharge, from the Committee on Rules, 

22   Assembly Bill Number 10926 and substitute it for 

23   the identical Senate Bill 8886, Third Reading 

24   Calendar 1893.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4530

 1   substitution is so ordered, and the Secretary 

 2   will read.

 3                THE SECRETARY:   Calendar Number 

 4   1893, by Member of the Assembly Englebright, 

 5   Assembly Print 10926, an act to authorize.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.  Nays, 1.  

14   Senator Akshar recorded in the negative.  

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                Senator DeFrancisco, that now 

18   completes the noncontroversial reading that we 

19   had with those two subs that we had talked about 

20   earlier on this current active list before the 

21   house.  There has been one lay-aside.

22                SENATOR DeFRANCISCO:    

23   Mr. President, we have a Senate Supplemental 

24   Calendar 58B, which is the bills that were just 

25   dealt with in Rules most recently.  May we have 


                                                               4531

 1   the noncontroversial reading of that calendar.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will begin the noncontroversial reading 

 4   of Senate Supplemental Calendar 58B, 

 5   noncontroversial.

 6                THE SECRETARY:   Calendar Number 

 7   2100, by Senator Griffo, Senate Print 2281, an 

 8   act to amend the State Finance Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   2101, by Senator Phillips, Senate Print 2493A, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               4532

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 2101, those recorded in the 

 8   negative are Senators Bailey, Comrie, Dilan, 

 9   Gianaris, Hoylman, Kavanagh, Krueger, Montgomery, 

10   Peralta, Persaud, Sanders and Sepúlveda.

11                Ayes, 48.  Nays, 12.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   2102, substituted earlier by Member of the 

16   Assembly Seawright, Assembly Print 8292A, an act 

17   to amend the New York State Urban Development 

18   Corporation Act.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4533

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2103, by Senator Ranzenhofer, Senate Print 3512, 

 6   an act to amend the Education Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   2104, by Senator Ranzenhofer, Senate Print 3875, 

19   an act to amend the Education Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the 120th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4534

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   2105, by Senator Griffo, Senate Print 3905A, an 

 7   act to amend the Tax Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   2106, substituted earlier by Member of the 

20   Assembly Gunther, Assembly Print 3694C, an act to 

21   amend the Insurance Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect on the 60th day.


                                                               4535

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2107, by Senator Seward, Senate Print 7199A, an 

 9   act to amend the Penal Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   In relation to 

18   Calendar 2107, those recorded in the negative are 

19   Senators Hoylman, Kavanagh, Montgomery and 

20   Sepúlveda.

21                Ayes, 56.  Nays, 4.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   2108, substituted earlier by Member of the 


                                                               4536

 1   Assembly Englebright, Assembly Print 8747, an act 

 2   to amend Chapter 464 of the Laws of 2016.

 3                SENATOR O'MARA:   Lay it aside.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   will be laid aside for the day.

 6                SENATOR DeFRANCISCO:   Nope.

 7                ACTING PRESIDENT GRIFFO:   No?  Just 

 8   lay it aside.

 9                THE SECRETARY:   Calendar Number 

10   2109, by Member of the Assembly McDonald, 

11   Assembly Print 9622, an act to amend Chapter 105 

12   of the Laws of 2009.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 2109, those recorded in the 

22   negative are Senators Brooks, Kaminsky and 

23   Murphy.  Also Senator Lanza.  

24                Ayes, 56.  Nays, 4.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4537

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   2110, by Senator Funke, Senate Print 7945, an act 

 4   to amend the Education Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect August 1, 2018.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2111, by Senator Ranzenhofer, Senate Print 7960, 

17   an act to amend the Public Authorities Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               4538

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2112, substituted earlier by the Assembly 

 5   Committee on Rules, Assembly Print 11040, an act 

 6   to amend the Environmental Conservation Law.

 7                SENATOR O'MARA:   Lay it aside.

 8                ACTING PRESIDENT GRIFFO:   Lay it 

 9   aside.

10                THE SECRETARY:   Calendar Number 

11   2113, by Senator Montgomery, Senate Print 8073A, 

12   an act to amend the Labor Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect one year after it shall 

17   have become a law.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 1.  

22   Senator Little recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   passes.

25                THE SECRETARY:   Calendar Number 


                                                               4539

 1   2114, substituted earlier by Member of the 

 2   Assembly Peoples-Stokes, Assembly Print 10298A, 

 3   an act to amend Chapter 108 of the Laws of 2016.

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   a home-rule message present at the desk.

 6                The Secretary will read the last 

 7   section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   2115, by Senator Griffo, Senate Print 8168, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4540

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2116, by Senator Ortt, Senate Print 8286, an act 

 6   to require.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   2117, substituted earlier by Member of the 

19   Assembly Stec, Assembly Print 10492, an act to 

20   authorize.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4541

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   2118, substituted earlier by Member of the 

 8   Assembly Dinowitz, Assembly Print 8010B, an act 

 9   to amend the Public Service Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   2119, substituted earlier by Member of the 

22   Assembly Barrett, Assembly Print 10301B, an act 

23   to amend the Agriculture and Markets Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4542

 1                THE SECRETARY:   Section 5.  This 

 2   act shall take effect on the 90th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   2120, substituted earlier by Member of the 

11   Assembly Otis, Assembly Print 10516, an act to 

12   amend Chapter 89 of the Laws of 2009.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar 2120, those recorded in the negative are 

22   Senators Brooks, Kaminsky, Lanza, Murphy and 

23   Seward.  

24                Ayes, 55.  Nays, 5.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4543

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   2121, by Senator O'Mara, Senate Print 8519, an 

 4   act in relation to authorizing.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2122, substituted earlier by Member of the 

17   Assembly Englebright, Assembly Print 10682, an 

18   act to amend the Environmental Conservation Law.

19                SENATOR O'MARA:   Lay it aside.

20                ACTING PRESIDENT GRIFFO:   Lay it 

21   aside.

22                THE SECRETARY:   Calendar Number 

23   2123, substituted earlier by Member of the 

24   Assembly Englebright, Assembly Print 10506A, an 

25   act to amend the Environmental Conservation Law.


                                                               4544

 1                SENATOR O'MARA:   Lay it aside.

 2                ACTING PRESIDENT GRIFFO:   Lay it 

 3   aside.

 4                THE SECRETARY:   Calendar Number 

 5   2124, by Senator Amedore, Senate Print 8759, an 

 6   act to amend the Executive Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.  Nays, 1.  

15   Senator Montgomery recorded in the negative.  

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   2125, substituted earlier by Member of the 

20   Assembly Fahy, Assembly Print 10403, an act to 

21   amend the Civil Practice Law and Rules.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4545

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2126, substituted earlier by the Assembly 

 9   Committee on Rules, Assembly Print 11115A, an act 

10   to incorporate.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   2127, by Senator Gallivan, Senate Print 8846, an 

23   act to authorize.

24                ACTING PRESIDENT GRIFFO:   There is 

25   a home-rule message at the desk.


                                                               4546

 1                The Secretary will read the last 

 2   section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   2128, substituted earlier by Member of the 

13   Assembly Magnarelli, Assembly Print 10971A, an 

14   act redistributing bond volume.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4547

 1   2129, substituted earlier by Member of the 

 2   Assembly Magee, Assembly Print 4572A, an act to 

 3   amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   2130, substituted earlier by Member of the 

16   Assembly Abinanti, Assembly Print 9805A, an act 

17   to amend the Public Authorities Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect on the 120th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               4548

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2131, substituted earlier by Member of the 

 5   Assembly Wallace, Assembly Print 9981A, an act to 

 6   amend the Executive Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   2132, by Senator Jacobs, Senate Print 8980A, an 

19   act to amend the Criminal Procedure Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 5.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4549

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   Announce 

 4   the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 2132, those recorded in the negative are 

 7   Senators Alcantara, Comrie, Dilan, Gianaris, 

 8   Hoylman, Kavanagh, Krueger, Persaud, Sanders and 

 9   Sepúlveda.  Also Senator Bailey.

10                Ayes, 49.  Nays, 11.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   2133, substituted earlier by the Assembly 

15   Committee on Rules, Assembly Print 11118C, an act 

16   to amend the Public Service Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4550

 1   is passed.

 2                The Secretary will continue.

 3                THE SECRETARY:   Calendar Number 

 4   2134, substituted earlier by Member of the 

 5   Assembly Hevesi, Assembly Print 10697, an act to 

 6   amend the Social Services Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Krueger to explain her vote.

16                SENATOR KRUEGER:   Thank you, 

17   Mr. President.  I would have laid it aside for a 

18   debate, but it's midnight.

19                (Scattered applause; laughter.) 

20                SENATOR KRUEGER:   And in fact, 

21   federal law would not accept a waiver to take 

22   SNAP money and use it for multivitamins as 

23   opposed to food.  

24                The fact is SNAP provides minimal 

25   money for food already.  In fact, it works out to 


                                                               4551

 1   only $1.40 a meal, on average.  We can't afford 

 2   to take money away from poor people for food.  We 

 3   should be expanding the program so that they can 

 4   afford more quality foods.  

 5                And the research shows that 

 6   multivitamins and other forms of food supplements 

 7   can be significantly more expensive than actual 

 8   food for people and be less effective as far as 

 9   nutrient intake.  And many of these products are 

10   not even tested correctly at any national 

11   standards level.  

12                So it's a mistake that hopefully the 

13   federal government won't change their law and 

14   give us that option.  Right now we don't have 

15   that option.  And yet I'm still voting no.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger to be recorded in the negative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 2134, those recorded in the negative are 

22   Senators Hoylman, Krueger, Sanders and Sepúlveda.

23                Ayes, 56.  Nays, 4.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               4552

 1                THE SECRETARY:   Calendar Number 

 2   2135, substituted earlier by the Assembly 

 3   Committee on Rules, Assembly Print 11193A, an act 

 4   to authorize.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   There is 

10   a home-rule message at the desk.

11                Read the last section.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   2136, by Senator Ortt, Senate Print 9038, an act 

18   to amend the Public Service Law.

19                SENATOR KLEIN:   Lay it aside, 

20   please.

21                ACTING PRESIDENT GRIFFO:   Lay it 

22   aside.

23                THE SECRETARY:   Calendar Number 

24   2137, substituted earlier by Member of the 

25   Assembly Ortiz, Assembly Print 3842A, an act to 


                                                               4553

 1   amend the Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   2138, by Senator Ortt, Senate Print 9071, an act 

14   to amend the Public Health Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4554

 1   2139, substituted earlier by Member of the 

 2   Assembly Errigo, Assembly Print 10770, an act 

 3   granting.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   2140, substituted earlier by the Assembly 

16   Committee on Rules, Assembly Print 11185, an act 

17   to amend the Criminal Procedure Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Announce 


                                                               4555

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 2140, those recorded in the negative are 

 4   Senators Bailey, Comrie, Dilan, Kavanagh, 

 5   Krueger, Montgomery, Sanders and Sepúlveda.  

 6                Ayes, 52.  Nays, 8.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   2141, substituted earlier by Member of the 

11   Assembly Cymbrowitz, Assembly Print 10828, an act 

12   to amend the Private Housing Finance Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   2142, by Senator Boyle, Senate Print 9004, an act 

25   establishing.


                                                               4556

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.  

 3                THE SECRETARY:   Section 7.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Boyle to explain his vote.

10                SENATOR BOYLE:   Yes, Mr. President, 

11   to explain my vote.  

12                This bill is being put forward in 

13   memory of Jovani Ligurgo, a 2-year-old who was 

14   recently killed in Virginia.  He was abducted by 

15   his father, the father's house was set ablaze, 

16   and the father drove Jovani to Virginia, where he 

17   killed the child and committed suicide.  

18                For some reason, Suffolk County 

19   police officials had contacted the State Police 

20   to ask for an Amber Alert when the child went 

21   missing -- a couple of times -- and the Amber 

22   Alert was never issued.  It could have saved 

23   Jovani's life.  

24                We want to guard against this ever 

25   happening again.  There's some reason -- the 


                                                               4557

 1   criteria of an Amber Alert is that a child is in 

 2   danger.  A 2-year-old abducted, a house set on 

 3   fire, and the perpetrator has a gun; that child 

 4   was in danger.  We want to make sure that the 

 5   criteria is the best it can be to protect our 

 6   children, and this creates a temporary commission 

 7   to make recommendations.  I vote in favor.

 8                Thank you.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Boyle in the affirmative.  

11                Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.  

15                THE SECRETARY:   Calendar Number 

16   2143, substituted earlier by Member of the 

17   Assembly Peoples-Stokes, Assembly Print 10074, an 

18   act to amend the Public Authorities Law.

19                ACTING PRESIDENT GRIFFO:   There is 

20   a home-rule message at the desk.

21                The Secretary will read the last 

22   section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4558

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   2144, substituted earlier by Member of the 

 8   Assembly Abinanti, Assembly Print 10961A, an act 

 9   to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT GRIFFO:   There is 

11   a home-rule message at the desk.

12                The Secretary will read the last 

13   section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                Senator DeFrancisco, that completes 

23   the noncontroversial reading of the bills before 

24   the house in Senate Supplemental Calendar 58B.

25                SENATOR DeFRANCISCO:    


                                                               4559

 1   Mr. President, pursuant to Rule 6, Section 2, I 

 2   move to remain in session past midnight.

 3                ACTING PRESIDENT GRIFFO:   It is so 

 4   ordered.  Without objection, so ordered.

 5                SENATOR DeFRANCISCO:   Now I'd like 

 6   to go back to the supplemental active list.  

 7   There was one bill laid aside, Senator Golden's 

 8   bill.  Could we please have the controversial 

 9   reading, please.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will ring the bell.  

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1434, by Senator Golden, Senate Print 1634B, an 

15   act to amend the Administrative Code of the City 

16   of New York.

17                SENATOR KLEIN:   Explanation, 

18   please.

19                ACTING PRESIDENT GRIFFO:   An 

20   explanation has been requested by Senator Klein.

21                Senator Golden.

22                SENATOR GOLDEN:   Thank you, 

23   Mr. President.

24                This is a safety zone that would be 

25   set up within the City of New York around 


                                                               4560

 1   schools.  There's present right now -- 50 schools 

 2   were added since 2014 to set up these safety 

 3   zones around the City of New York.  What this 

 4   would do, it would add to that safety zone an 

 5   actual speed limit sign, the hours on the sign, 

 6   and blinking yellows that would be in the school 

 7   zones around the City of New York.

 8                So if somebody is driving into a 

 9   school zone, they would see those blinking 

10   yellows, they would see the speed limit and they 

11   would see the hours of the speed limit.  And that 

12   would reduce accidents and reduce harm to our 

13   children, and it would enhance public safety in 

14   the City of New York.  

15                We've been trying to get this bill 

16   done for a number of years.  The city has 

17   declined to do it.  I think it's long overdue.  

18   And hopefully this conference here will see the 

19   value of this bill for our kids and pass this.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Klein.

22                SENATOR KLEIN:   Mr. President, 

23   would the sponsor yield for a couple of 

24   questions.

25                SENATOR GOLDEN:   Certainly.


                                                               4561

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Golden, do you yield for a couple of questions?  

 3                SENATOR GOLDEN:   Yes, 

 4   Mr. President.

 5                SENATOR KLEIN:   Through you, 

 6   Mr. President.  Who would determine where the 

 7   speed zones are?  As I think was pointed out, 

 8   there's only a percentage over the first couple 

 9   of years, and then it's increasing.

10                So who would determine where these 

11   speed zones are?

12                SENATOR GOLDEN:   The City of 

13   New York would decide where those speed zones 

14   are.

15                SENATOR KLEIN:   Who within the City 

16   of New York?  Through you, Mr. President.  

17                SENATOR GOLDEN:   The Police 

18   Department, working with the Department of 

19   Education.  And Transportation.

20                SENATOR KLEIN:   Again, 

21   Mr. President, would the sponsor agree to yield 

22   for another question?  

23                SENATOR GOLDEN:   Yes, 

24   Mr. President.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4562

 1   Senator yields.

 2                SENATOR KLEIN:   Through you, 

 3   Mr. President, would these speed zones be in the 

 4   same places presently where there are speed 

 5   cameras within the City of New York?

 6                SENATOR GOLDEN:   Mr. President, 

 7   they could be.

 8                SENATOR KLEIN:   Again through you 

 9   Mr. President, when we say could be, would we be 

10   using the data that we're using now that's 

11   supplied by DOT where they actually rate the most 

12   dangerous schools as far as crossing is 

13   concerned, and that's where disproportionately 

14   the speed cameras are located?  Would that be the 

15   case with these speed zones?

16                SENATOR GOLDEN:   Mr. President, the 

17   people that are speeding in our streets don't 

18   know where the speed cameras are.  And there's 

19   only 140 speed cameras out there presently.  This 

20   would add to, be able to enhance public safety 

21   across our city and to give our children and our 

22   parents the ability to have a safe journey to and 

23   from school.

24                SENATOR KLEIN:   On the bill, 

25   Mr. President.


                                                               4563

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Klein on the bill.

 3                I'm going to remind the members that 

 4   we're discussing signage here, so I would ask 

 5   that members confine their comments to the 

 6   content of the bill.

 7                Senator Klein on the bill.

 8                SENATOR KLEIN:   Sure.  Well, on the 

 9   bill.

10                First of all, I want to thank 

11   Senator Golden for putting this bill forward.  

12                However, it certainly is something 

13   that's half a loaf.  You know, in a lot of 

14   negotiation that took place in the original 

15   Vision Zero program -- which actually lowered the 

16   speed limits and also created an expanded speed 

17   camera program.  I think in Senator Golden's 

18   present version of the bill, we make it a lot 

19   easier for people to identify where these speed 

20   zones are -- in essence, where are the speed 

21   cameras -- flashing lights, signage, which I 

22   think is a very, very good idea.

23                But what we're going to be doing 

24   when we leave here tonight is effectively ending 

25   the speed camera program in the City of New York.  


                                                               4564

 1   It sunsets sometime at the end of July.  I doubt 

 2   we'll be back.  So not only will we not have the 

 3   over 140 speed cameras that presently exist at 

 4   schools all over the City of New York -- which, 

 5   by the way, since the program is implemented, 

 6   everyone would agree save lives.  We've seen 

 7   fatalities go down year after year, day after 

 8   day.  

 9                And while I think that Marty 

10   Golden's bill here would go a long way towards an 

11   increase in the speed camera program, just this 

12   alone is giving, I think, people a sense of 

13   security that our streets are now going to be 

14   safe, knowing that tonight -- or I should say at 

15   the end of July -- we will no longer have a speed 

16   camera program.  

17                So I vote no on this.  I don't think 

18   this is something we should be passing now when 

19   at the same time, when we leave here, we will no 

20   longer have a speed camera program in the City of 

21   New York.  I vote no.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Peralta.

24                SENATOR PERALTA:   On the bill, 

25   Mr. President.


                                                               4565

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Peralta on the bill.

 3                SENATOR PERALTA:   Thank you, 

 4   Mr. President.

 5                So tonight we're talking about 

 6   signage.  Signage.  We have a program of 140 

 7   speed cameras.  We were talking about expanding 

 8   it 50 per year for the next three years, for a 

 9   total of 290.  And the bill we have in front of 

10   us is street signage.  

11                The sponsor states that the purpose 

12   of this bill is to protect schoolchildren.  Well, 

13   unfortunately, Mr. President I call BS on that, 

14   because this is really not going to protect 

15   schoolchildren.  So what you have signs?  

16                The sponsor doesn't provide data 

17   that indicates the frequency of traffic-related 

18   accidents.  Well, since 2013, 63 percent of 

19   people speeding in a school zone have declined -- 

20   there's been a 63 percent decline in speeding in 

21   a school zone with these cameras.  Eighty-one 

22   percent of the people who have gotten a ticket 

23   for the first time don't get another ticket.  So 

24   it changes behavior.

25                Now, all we were asking for was 


                                                               4566

 1   150 more cameras.  The cameras are going to go 

 2   away.  Kids are going to die.  We have 

 3   33 Senators that were sponsoring this bill, a 

 4   bipartisan measure, Democrats and Republicans.  

 5   We had a home-rule message from the City of 

 6   New York --

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Peralta, I want to remind you again to stay 

 9   germane to the bill before the house.

10                SENATOR PERALTA:   This is about 

11   this bill.

12                ACTING PRESIDENT GRIFFO:   It is 

13   not.  You are -- the bill is -- it's discussing 

14   signage.

15                SENATOR PERALTA:   It's about 

16   signage.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Peralta, we're discussing signage --

19                SENATOR PERALTA:   Yes, it is about 

20   signage --

21                ACTING PRESIDENT GRIFFO:   -- and 

22   speed limits.  Stay germane to the content of the 

23   bill, please.

24                SENATOR PERALTA:   It is about 

25   signage.  It is about signage.  We're discussing 


                                                               4567

 1   signage.  

 2                This is not enough.  We could have 

 3   done something today.  We could have passed speed 

 4   cameras and expanded it, but we didn't.  We chose 

 5   politics over children's lives.  

 6                I want to thank the advocates who 

 7   came up here this week and the week before that.  

 8   Amy Cohen, whose child would have been 18 years 

 9   old tomorrow, and she lost her child when he was 

10   9.  Raul Ampuero lost his child just last 

11   month -- not because of signage or lack thereof.  

12   There was no speed cameras where these kids lost 

13   their lives.

14                So here we have an opportunity to do 

15   something, and we didn't do it.  But yet tonight 

16   we're passing a bill on signage.  It's not 

17   enough.  We need to do something about this.  We 

18   need to come back, or we need to pass it tonight.  

19   But this is not enough.  Signage is not going to 

20   protect the children's lives.  

21                And the next time a child loses his 

22   life in a school zone, I want you to remember 

23   tonight.  Because you chose, you chose, to pass a 

24   bill on signage.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4568

 1   Lanza on the bill.

 2                SENATOR LANZA:   Thank you, 

 3   Mr. President.  

 4                You know, I rarely engage in 

 5   hyperbole on the floor of this august body.  I in 

 6   fact detest it.  I hate it back home too, when 

 7   people want to tell you that if you don't support 

 8   their legislation, someone's blood is going to be 

 9   on your hands.  But we've heard it tonight.

10                You want to talk about politics over 

11   safety?  We in this body, back in the month of 

12   May, passed a piece of legislation, 6212A, 

13   germane to this legislation.  It would require 

14   that the City of New York place a stop sign or 

15   traffic signal at the four corners surrounding 

16   every school in the City of New York.

17                You know, a few years ago in my 

18   district a young child was killed at an 

19   intersection right outside a school, mowed down 

20   by a motorist.  There was no stop sign there.  I 

21   submit to you, my colleagues, that a hidden speed 

22   camera would never have prevented that tragedy 

23   from happening, but a stop sign probably would 

24   have.

25                So some would say that we're putting 


                                                               4569

 1   politics above safety.  I would say that others 

 2   are putting money above the lives of children.  

 3   That legislation has not become law in the State 

 4   of New York for one simple reason, because the 

 5   City of New York, my good friend Mayor de Blasio 

 6   has opposed it and has asked the Assembly to 

 7   oppose it.  The commissioner of DOT, a good 

 8   person and a great commissioner, opposes it and 

 9   has asked the Assembly to oppose it and not to 

10   pass it.  

11                So can speed cameras be part of the 

12   equation?  Could they provide some measure of 

13   safety?  Perhaps, as part of a comprehensive 

14   plan.  But I tell you all, nothing would do more 

15   to slow a car down around a school in our city 

16   than a red light or a stop sign.

17                So let's put all this nonsense 

18   behind us.  Let's get together, let's really do 

19   what we say we mean, which is provide safety for 

20   our children.  Let's put a stop sign and a red 

21   light around the four corners surrounding every 

22   school in the City of New York, and you'll see 

23   tragedies go down immediately.

24                Mr. President, I thank Senator 

25   Golden for this legislation, which would 


                                                               4570

 1   complement the legislation that I just spoke of 

 2   in a meaningful way and actually save lives. 

 3                Mr. President, I support Senator 

 4   Golden's legislation.  

 5                (Interruption from balcony.)

 6                ACTING PRESIDENT GRIFFO:   

 7   (Gaveling.)

 8                Seeing and hearing no other Senator 

 9   that wishes to be heard, debate is closed and the 

10   Secretary will ring the bell.

11                The Secretary will read the last 

12   section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT GRIFFO:   Announce 

19   the results.

20                THE SECRETARY:   In relation to 

21   Calendar 1434, those recorded in the negative are 

22   Senators Alcantara, Bailey, Benjamin, Breslin, 

23   Brooks, Carlucci, Comrie, Dilan, Gianaris, 

24   Hamilton, Hoylman, Kaminsky, Kavanagh, Kennedy, 

25   Klein, Krueger, Mayer, Montgomery, Parker, 


                                                               4571

 1   Peralta, Persaud, Sanders, Savino, Sepúlveda, 

 2   Serrano, Stavisky, Stewart-Cousins and Valesky.

 3                Absent from voting:  Senators Avella 

 4   and Bonacic.

 5                Ayes, 30.  Nays, 28.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   fails.

 8                Senator Flanagan.

 9                SENATOR FLANAGAN:   Mr. President, 

10   call up Calendar Number 2087, by Senator LaValle.

11                ACTING PRESIDENT GRIFFO:   We will 

12   return to messages from the Assembly, and the 

13   Secretary will read.

14                THE SECRETARY:   The Assembly sent 

15   for concurrence the following bill.  On motion of 

16   Senator Flanagan, the rules were suspended and 

17   said bill ordered to a third reading:  Assembly 

18   Bill Number 11227.

19                ACTING PRESIDENT GRIFFO:   So 

20   ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   2087, by the Assembly Committee on Rules, 

24   Assembly Print 11227, an act implementing.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4572

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.  

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes, on the 

12   Senate Supplemental Calendar 58B, there was a 

13   bill laid aside, the Senator Ortt bill, 2136.  

14   Could we call that up controversial.

15                ACTING PRESIDENT GRIFFO:   Okay.  

16   We're returning to Senate Supplemental 

17   Calendar 58B.  

18                And Calendar Number 2136, the 

19   Secretary will ring the bell and the Secretary 

20   will read.

21                THE SECRETARY:   Calendar Number 

22   2136, by Senator Ortt, Senate Print 9038, an act 

23   to amend the Public Service Law.

24                SENATOR DeFRANCISCO:   Read the last 

25   section.


                                                               4573

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.  

 3                THE SECRETARY:   Section 11.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Ortt to explain his vote.  

10                SENATOR ORTT:   Well, thank you, 

11   Mr. President.  

12                I realize this is a futile exercise, 

13   explaining my vote on a bill that may seem 

14   destined to fail here.  But I think it's 

15   important to explain what the bill would actually 

16   do for those out there who care.  

17                This bill would actually enact 

18   provisions for the protection of the health, 

19   safety and employment rights of people losing 

20   their employment as a result of the closure of 

21   coal plants across our state.

22                There is a direct result of the 

23   Governor's policy, which is to close all coal 

24   plants by 2020.  We just had a great debate the 

25   other day by my colleague Senator Murphy.  He has 


                                                               4574

 1   a nuclear facility, obviously, Indian Point, 

 2   which will be closing in 2021, and then there's a 

 3   whole decommissioning process.  

 4                These plants, I believe there's two 

 5   left in New York -- one's in my district -- will 

 6   be closed by 2020.  And there's been a lot of lip 

 7   service to the men and women who work there, some 

 8   of whom will be getting up in just a few hours.  

 9   But there's been no real policy or anything 

10   enacted to actually provide these employees with 

11   any type of transitional work to different energy 

12   production or any other kind of additional work 

13   to make sure these people are still employed 

14   after 2020.

15                It would create a one-year advanced 

16   notice to all workers at a coal generation 

17   facility, mandatory extensive health screenings 

18   for all employees, contractors and subcontractors 

19   working in a facility on the date of issuance, 

20   and worker retraining programs for all employees, 

21   contractors and subcontractors, to be conducted 

22   at the facility during the one-year advance 

23   notice period, to include training for things 

24   like biomass or natural gas plant operating 

25   skills.


                                                               4575

 1                As long as the policies continue on 

 2   the energy side to get rid of coal, to get rid of 

 3   nuclear, to prevent natural gas, to even kill 

 4   pipelines that carry natural gas, I believe 

 5   myself and many of my colleagues will continue to 

 6   put forth legislation like this, because it's 

 7   important to our communities and it's important 

 8   to working men and women who work at these 

 9   plants.  They deserve a lot more than lip 

10   service; they deserve actual policies to help 

11   them transition in their own lives, and for our 

12   communities.  

13                Mr. President, I vote aye.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Ortt to be recorded in the affirmative.

16               The Secretary will announce the 

17  results.

18                THE SECRETARY:   In relation to 

19   Calendar 2136, those recorded in the negative are 

20   Senators Alcantara, Bailey, Benjamin, Breslin, 

21   Brooks, Carlucci, Comrie, Dilan, Gianaris, 

22   Hamilton, Hoylman, Kaminsky, Kavanagh, Kennedy, 

23   Klein, Krueger, Mayer, Montgomery, Parker, 

24   Peralta, Persaud, Sanders, Savino, Sepúlveda, 

25   Serrano, Stavisky, Stewart-Cousins and Valesky.


                                                               4576

 1                Absent from voting:  Senators Avella 

 2   and Bonacic.

 3                Ayes, 30.  Nays, 28.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   fails.

 6                SENATOR FLANAGAN:   Mr. President, 

 7   there will be an immediate Republican conference.  

 8                The Senate will stand at ease.

 9                ACTING PRESIDENT GRIFFO:   There 

10   will be an immediate Republican conference in 

11   Room 332, and the Senate will stand at ease.

12                (Whereupon, the Senate stood at ease 

13   at 12:21 a.m.)

14                (Whereupon, the Senate reconvened at 

15   1:19 a.m.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Senate will return to order.

18                Senator DeFrancisco.

19                SENATOR DeFRANCISCO:    

20   Mr. President, there are I believe four remaining 

21   bills that were laid aside from the various 

22   calendars that we dealt with this evening.  I 

23   move to lay aside those bills for the day.

24                ACTING PRESIDENT GRIFFO:   Those 

25   bills will be laid aside for the day.


                                                               4577

 1                SENATOR DeFRANCISCO:   I understand 

 2   we have three hand-downs from the Assembly.  I'd 

 3   like to call up, first, Calendar Number 2147, 

 4   Assembly 11175.

 5                ACTING PRESIDENT GRIFFO:   We will 

 6   return to messages from the Assembly.  

 7                The Secretary will read.

 8                THE SECRETARY:   The Assembly sent 

 9   for concurrence the following bill.  On motion of 

10   Senator Flanagan, the rules were suspended and 

11   said bill ordered to third reading:  Assembly 

12   Bill Number 11175.

13                ACTING PRESIDENT GRIFFO:   It is so 

14   ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   2147, by the Assembly Committee on Rules, 

18   Assembly Print 11175, an act to validate.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4578

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   I believe 

 6   there's another hand-down on our calendar, 2146.  

 7   Could we take that up.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   The Assembly sent 

11   for concurrence the following bill.  On motion of 

12   Senator Flanagan, the rules were suspended and 

13   said bill ordered to third reading:  Assembly 

14   Bill Number 11174.

15                ACTING PRESIDENT GRIFFO:   So 

16   ordered.  

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   2146, by the Assembly Committee on Rules, 

20   Assembly Print 11174, an act to validate.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4579

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                SENATOR DeFRANCISCO:   Could we now 

 7   take up a hand-down which is our Calendar Bill 

 8   2086, Assembly 11158.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   The Assembly sent 

12   for concurrence the following bill.  On motion of 

13   Senator Flanagan, the rules were suspended and 

14   said bill ordered to third reading:  Assembly 

15   Bill Number 11158.

16                ACTING PRESIDENT GRIFFO:   It is so 

17   ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   2086, by the Assembly Committee on Rules, 

21   Assembly Print 11158, an act to amend the 

22   Transportation Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4580

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Announce 

 6   the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 2086, those recorded in the negative are 

 9   Senators Comrie, Dilan, Hoylman, Kavanagh, 

10   Krueger, Robach, Sanders and Sepúlveda.

11                Ayes, 52.  Nays, 8.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   We have the 

16   vote on that?

17                ACTING PRESIDENT GRIFFO:   We had 

18   the vote; the bill passed.

19                SENATOR DeFRANCISCO:   Okay.  

20   There's one other bill, a Senator Murphy bill, 

21   5587.  I think it's on the calendar.  Can we call 

22   that up.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4581

 1   1370, by Senator Murphy, Senate Print 5587, an 

 2   act to amend the Executive Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Murphy to explain his vote.

12                SENATOR MURPHY:   Yes, thank you, 

13   Mr. President.

14                This bill here is the Medal of 

15   Honor.  Putnam County is the first county in 

16   New York State that is the representative of the 

17   Medal of Honor.  And tonight we have our great 

18   friend who's been in here for a number of years, 

19   our wonderful buddy, Senator Bill Larkin, in 

20   honor of this bill.

21                Mr. President, we can go on and on 

22   and on tonight, but I would just like to thank 

23   Senator Larkin for your service, not only to our 

24   state but to our great country, for all you have 

25   done.  


                                                               4582

 1                Tonight I know is your last night in 

 2   our wonderful chamber here, and I can't thank you 

 3   enough for having the honor of being able to meet 

 4   you and to serve with you in the State 

 5   Legislature.  This is a fitting end to your 

 6   career and an honor of us being able to do the 

 7   Medal of Honor in your honor for the last night 

 8   here.

 9                Senator, thank you very much for all 

10   you have done for your service to our country, 

11   for your service to the state.

12                Mr. President, I'll be voting aye.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Murphy in the affirmative.

15                Announce the results.

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                (Extended standing ovation.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Can we go 

23   back to motions and whatever it is.

24                ACTING PRESIDENT GRIFFO:   We will 

25   return to motions and resolutions.


                                                               4583

 1                SENATOR DeFRANCISCO:   Yes, 

 2   Mr. President, I wish to call up Calendar Numbers 

 3   982, 1499, 2032, 2108, 2112, 2122, 2123, with 

 4   their corresponding Assembly Print Numbers 7108, 

 5   9837A, 2892A, 8747, 11040, 10682, and 10506A.

 6                I now move to reconsider the vote by 

 7   which these Assembly bills were substituted.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read the titles of the bills.

10                THE SECRETARY:   Calendar Number 

11   982, by Member of the Assembly Gottfried, 

12   Assembly Print 7108, an act to amend the Public 

13   Health Law.

14                Calendar Number 1499, by Member of 

15   the Assembly Steck, Assembly Print 9837A, an act 

16   to amend the Public Health Law.

17                Calendar Number 2032, by Member of 

18   the Assembly Dilan, Assembly Print 2892A, an act 

19   to amend the Public Service Law.

20                Calendar Number 2108, by Member of 

21   the Assembly Englebright, Assembly Print 8747, an 

22   act to amend Chapter 464 of the Laws of 2016.

23                Calendar Number 2112, by the 

24   Assembly Committee on Rules, Assembly 

25   Print 11040, an act to amend the Environmental 


                                                               4584

 1   Conservation Law.

 2                Calendar Number 2122, by Member of 

 3   the Assembly Englebright, Assembly Print 10682, 

 4   an act to amend the Environmental Conservation 

 5   Law.

 6                And Calendar Number 2123, by Member 

 7   of the Assembly Englebright, Assembly Print 

 8   10506A, an act to amend the Environmental 

 9   Conservation Law.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will now call the roll on 

12   reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco, I'll entertain a motion to move that 

17   these bills be recommitted to the calendar on 

18   Rules and restored to the order of third reading.

19                SENATOR DeFRANCISCO:   I now move 

20   that all Assembly bills be recommitted to the 

21   Committee on Rules, and all Senate bills be 

22   restored to the order of third reading.

23                ACTING PRESIDENT GRIFFO:   All in 

24   favor say aye.

25                (Response of "Aye.")


                                                               4585

 1                ACTING PRESIDENT GRIFFO:   Opposed?  

 2                (No response.)

 3                ACTING PRESIDENT GRIFFO:   They are 

 4   recommitted.  

 5                SENATOR DeFRANCISCO:   Now I move to 

 6   recommit the calendar with the following 

 7   exceptions:  Calendar 1516, by Rules; 1577, by 

 8   Senator DeFrancisco; 1518, by Senator 

 9   DeFrancisco; 1519, by Senator DeFrancisco; 1520, 

10   by Senator DeFrancisco; 1521, by Senator 

11   DeFrancisco; and 1522, by Senator DeFrancisco.

12                ACTING PRESIDENT GRIFFO:   It is so 

13   ordered.

14                SENATOR DeFRANCISCO:   Would you 

15   please call on Senator Stewart-Cousins for 

16   closing remarks.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Stewart-Cousins.

19                SENATOR STEWART-COUSINS:   Thank 

20   you, Mr. President.

21                And I know the hour is late, so I 

22   won't spend -- everybody is happy, right -- I 

23   won't spend a lot of time doing anything but 

24   doing what we should do, which is thank the staff 

25   on both sides of the aisle who have really, you 


                                                               4586

 1   know, done an incredible job of making sure that 

 2   as difficult as these days can be, we still 

 3   managed to get through the business of the day 

 4   and the work that the people have sent us here to 

 5   do.

 6                And certainly I want to thank my 

 7   personal staff.  I want to thank my counsel, 

 8   Shontell Smith -- where is Shontell?  She's not 

 9   here?  There you are.

10                (Applause.)  

11                SENATOR STEWART-COUSINS:   And of 

12   course my communications director, Mike Murphy.  

13   Hey, Mike.

14                (Applause.)

15                SENATOR STEWART-COUSINS:   My 

16   finance director, Felix Muniz.  Felix?

17                (Applause.)

18                SENATOR STEWART-COUSINS:   And of 

19   course Suzy Ballantyne, who keeps all the trains 

20   going.  Suzy, where are you?

21                (Applause.)

22                SENATOR STEWART-COUSINS:   And 

23   again, I know that Senator Flanagan will be 

24   thanking so many individually.  

25                And I do want to thank Senator 


                                                               4587

 1   Flanagan.  It has not been an easy couple of 

 2   months for a lot of -- we'll just say for a lot 

 3   of reasons.  We had an opportunity to spend more 

 4   time together than I think we ever thought we 

 5   would, good times and bad.  But, you know, I 

 6   think that under these very difficult 

 7   circumstances we were able to again, you know, do 

 8   some of what people sent us here to do.  

 9   Obviously there is unfinished business, and as I 

10   said, I'm not going to go through that.  

11                But I do want to thank you, 

12   Senator Flanagan, for being available, for being 

13   cordial, for, you know, doing the things that you 

14   did in order to keep us on track.  So I thank 

15   you.

16                And for my colleagues here, you 

17   know, we've stood here at the end of session and 

18   we had been divided for so long, and we're not.  

19   And I am eternally grateful for what is a unified 

20   Democratic Conference.  I am very, very happy 

21   that not only are we unified but, again, the 

22   level of integrity, the level of passion, the 

23   expertise, the professionalism that you bring to 

24   every single issue and every single opportunity.  

25                We are certainly stronger and better 


                                                               4588

 1   together, and I am humbled and honored to be able 

 2   to serve as the leader of this great unified 

 3   conference.  So I thank each and every one of 

 4   you.  

 5                And to my colleagues across the 

 6   aisle, like I said, we're always going to agree 

 7   on probably the majority of things, but there are 

 8   obviously things that we will disagree on.  But 

 9   we have managed, I think, to disagree in mostly 

10   agreeable ways.  And I am sure that, again, we 

11   will continue to be able to ultimately serve the 

12   people that we are sent here to serve.

13                As far as the members who are 

14   leaving, I wanted to, you know, wish you all the 

15   best.  That we will miss you, Senator Marchione.  

16   You know, you're getting our count of women down, 

17   you're not supposed to.  But I hope that you 

18   enjoy your time that -- with your family.  

19                And I know -- I have said goodbye to 

20   Senator Bonacic before, and we've spoken of 

21   Senator Croci.  But clearly, Senator DeFrancisco, 

22   you have such a flavor to you.  

23                (Laughter.)

24                SENATOR DeFRANCISCO:   Thank you 

25   very much.


                                                               4589

 1                SENATOR STEWART-COUSINS:   You're 

 2   welcome.

 3                (Laughter.)

 4                SENATOR DeFRANCISCO:   Can I ask 

 5   what flavor?

 6                (Laughter.)

 7                SENATOR STEWART-COUSINS:   Yeah, 

 8   don't get me to start telling you which flavor, 

 9   but -- 

10                (Laughter.)

11                SENATOR STEWART-COUSINS:   I know, 

12   everybody's got a flavor, but we're not going -- 

13   but we are going to miss you.  

14                Obviously the work that you've done 

15   as Finance first, you know, when you really 

16   started being in our lives day to day, and 

17   certainly as floor leader, it has been, you know, 

18   a pleasure, really, and much more fun than I 

19   thought that it would be.  

20                So again, I wish you the very, very 

21   best.  And thank you for the time that you've 

22   spent here in service and, you know, certainly 

23   cultivating our friendship.  And also for the 

24   spaghetti dinner that you did with Liz, which was 

25   really cute.  


                                                               4590

 1                And of course Colonel, Senator, aah, 

 2   I'm sorry to see you go.  And I will always 

 3   remember your friendship.  And how, you know, no 

 4   matter what you were always somebody who tried to 

 5   keep to the high ground and remind us all that 

 6   whatever we're doing is inconsequential unless we 

 7   are doing it for the service of others.  

 8                You have never stopped being a 

 9   fabulous role model, a friend, and somebody who 

10   each and every person in this chamber and beyond 

11   has the utmost respect for and only wishes you 

12   the best.  And really, really we are grateful for 

13   the life that you have shared with us.

14                So Godspeed.  And, you know, I hope 

15   you have good health and a lot of fun with Pat 

16   and the children and the grandchildren.  Thank 

17   you so much.

18                So with that, everyone, I know it's 

19   going to be interesting over the next few months, 

20   but I wish everyone success in their elections 

21   and their endeavors, and I'm looking forward to 

22   seeing everybody back in January.  So thank you 

23   so very much.

24                (Standing ovation.)

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               4591

 1   you, Senator Stewart-Cousins.

 2                Senator Flanagan.

 3                SENATOR FLANAGAN:   Thank you, 

 4   Mr. President.  

 5                You know, I'm reminding myself that 

 6   some of the funnest times that you can possibly 

 7   have are out here on the floor.  And I want to 

 8   thank whomever is in charge of the microphones.  

 9   If DeFrancisco had had a hot mike all the time, 

10   we'd all be in big trouble.  

11                (Laughter.)

12                SENATOR FLANAGAN:   So I see him -- 

13   let me start, I see him standing over right by 

14   his office -- I don't want to say in the corner, 

15   because nobody puts Frank Patience in a corner.

16                (Laughter.)

17                SENATOR FLANAGAN:   But Frank, to 

18   you and to your staff, and by extension all the 

19   Senate staff -- you know, Frank and his team are 

20   the people that keep the lights on, keep the 

21   place running, make sure that everything runs 

22   smoothly.  It's not easy.  It's not easy.  

23                But when you just take a step back 

24   and look at the splendor we have around us and 

25   how lucky we are to be here, it doesn't happen by 


                                                               4592

 1   mistake.  So we have a lot of good people who are 

 2   strongly involved in those types of issues.  And 

 3   for that, I know I'm appreciative, and I think I 

 4   can take the liberty of speaking for our members.

 5                I want to join the voice of Senator 

 6   Stewart-Cousins in recognizing staff generally.  

 7   Because we all know that when we look good, it's 

 8   in large part -- you know, every now and then 

 9   it's something we may think of, but a lot of the 

10   people around us and who support us really help 

11   us keep going and get good things done.  And 

12   sometimes they actually protect us from 

13   ourselves, which is oftentimes perhaps more 

14   helpful.

15                But, you know, for our side I look 

16   and think of all the people who are here on the 

17   floor -- Colleen, Lisa, all the folks at the 

18   desk.  Again, the same thing.  This place runs 

19   like a nice, you know, Swiss watch on 99 percent 

20   of the occasions, and we are lucky to have the 

21   people here that we do.

22                Senator Griffo.  You have done an 

23   outstanding job.  I know periodically people step 

24   in --

25                (Standing ovation.)


                                                               4593

 1                SENATOR FLANAGAN:   Joe, it's good 

 2   to see you smile.  

 3                (Laughter.)

 4                SENATOR FLANAGAN:   And also to -- 

 5   I'm not sure exactly where they are, the tall guy 

 6   in the back, pretty quiet, even-tempered, but 

 7   Shawn MacKinnon has done an outstanding job as 

 8   secretary to the Finance Committee, comports 

 9   himself as a gentleman on all occasions, and has 

10   an incredible depth of knowledge that inures to 

11   the benefit of everybody, because he's collegial, 

12   he knows how to work with people.  And by 

13   extension, all the people on his staff deserve 

14   credit as well.  

15                I see Scott Reif, Scott Reif and our 

16   communications team.  I heard Mr. Murphy's name 

17   mentioned before.  They go over the top to try 

18   and help us get our message out.  And yes, 

19   periodically they protect us from ourselves as 

20   well.  So to Scott and his team, thank you for 

21   all the work that you do.  

22                And only physically to his left, not 

23   politically to his left, is Joe Conway, from our 

24   member services office, who's a quiet gentleman 

25   but does fantastic work in dealing with our 


                                                               4594

 1   members.

 2                I'm not sure -- he may be hiding 

 3   here somewhere, but Dave Previte -- Dave Previte, 

 4   in our counsel's office, I see James Curran up 

 5   there, Jon Federman.  You know, the skinny guy.  

 6   Right?  The closer.  He's quiet, he doesn't say 

 7   much.  But how about a round of applause for Joe 

 8   Messina, who walks around --

 9                (Enthusiastic applause.)

10                SENATOR FLANAGAN:   You know, and 

11   Joe is a good indication, he's never a person 

12   that looks for any kind of accolades.  But thank 

13   goodness we have people like him serving with us.  

14                James has done a terrific, terrific 

15   job in helping run our place here, but I 

16   really -- Dave Previte has been fantastic to our 

17   members and I think to the service of the Senate.  

18   And again, to his staff, I really want to express 

19   our thanks.  

20                Here on the floor, to all of our 

21   floor folks who work on both sides of the aisle, 

22   Jeff Klein, Mike Gianaris, certainly Senator 

23   Stewart-Cousins and John DeFrancisco.  You know, 

24   if you look back, remember January?  We all came 

25   in, you know, bright-eyed and bushy-tailed.  If 


                                                               4595

 1   everyone ever prognosticated in January what 

 2   would happen between January and June, no one, 

 3   even the most jaded amongst us, would have ever 

 4   believed that we could have seen what we've seen.  

 5                But you know what?  We got it done.  

 6   Maybe not everything, but we got it done.  

 7                So when I look around the room, I 

 8   see our senior members -- Senator Montgomery, 

 9   longest-serving member of the Democratic 

10   Conference who, you know, is a very, very good 

11   Senator, has wisdom and knowledge that is helpful 

12   to your members and to us as well.  By extension, 

13   you have a similar colleague here, Ken LaValle, 

14   who is not only the dean of our conference but 

15   the dean of the Senate, now finishing up his 

16   42nd year of service in the Senate.  

17                Kenny, Senator Montgomery, thank you 

18   for staying around and being with us.  You really 

19   make all of us better legislators as a result.  

20                And, you know, I could single out so 

21   many different people.  I'm looking at Senator 

22   Bailey, I'm looking at our new members, Senator 

23   Phillips, Senator Helming, Senator Jacobs.  There 

24   are a lot of good people here.  We have a lot of 

25   good people here.  And it's not always 


                                                               4596

 1   recognized.  

 2                And you know I keep saying this, and 

 3   I'm not going to get tired of saying it.  Be 

 4   proud of who you are, be proud of the fact that 

 5   you're a public servant, an elected official, a 

 6   New York State Senator who is doing the people's 

 7   business.  And we have done a tremendous amount 

 8   of business.  

 9                Now, to our colleagues.  I was 

10   trying to figure out what would be an appropriate 

11   order.  So I want to started with the lady from 

12   Saratoga.  

13                Now, why is Kathy Marchione leaving?  

14   She's leaving because of her family.  And what 

15   could possibly be wrong with that?  She wants to 

16   spend more time with her family and her 

17   grandchildren.  And a little-known fact, 

18   virtually the entire family lives within a 

19   hundred yards of each other.  

20                (Laughter.)

21                SENATOR FLANAGAN:   And they still 

22   like each other, believe it or not.  

23                (Laughter.)

24                SENATOR FLANAGAN:   But Senator 

25   Marchione is petite, she is quiet.  But don't 


                                                               4597

 1   make any mistakes, she is tenacious and 

 2   passionate and unrelenting on behalf of her 

 3   constituents.  Unrelenting is a good word.  If 

 4   you don't believe me, just ask the people in 

 5   Hoosick Falls.  You don't believe me, go up to 

 6   Saratoga and look at how she's worked on behalf 

 7   of the people up in Saratoga for racing and all 

 8   those types of issues in the State of New York.  

 9   And she represents the best of what all of our 

10   colleagues are, a very good local politician.  

11   And politician in this sense is a great word.  I 

12   embrace the word politician.  

13                And Senator Marchione, I will miss 

14   you.  Our colleagues will miss you.  And the 

15   State of New York will miss you for your service.  

16   So thank you for being amongst us.  

17                Now, my colleague and friend who 

18   started in service with my father; I had the 

19   pleasure of serving with him in the Assembly and 

20   now in the Senate.  There are so many things that 

21   have been said, properly so, about Senator 

22   Larkin.  He is unbelievably loyal.  Unbelievably 

23   dedicated, unbelievably passionate about the 

24   things that he believes in.  

25                And most important, he loves, loves 


                                                               4598

 1   this country.  Loves this country with every 

 2   fiber of his being.  And if I've learned nothing 

 3   else from him -- God, I'm like every time I see 

 4   him, he's got all the pins and everything else.  

 5   I walk around, I'm proud to be an American just 

 6   because I'm standing next to him.  

 7                So Bill, thank you for an 

 8   incredible, incredible amount of service.  And 

 9   you know, when you look at Senator Marchione, 

10   Senator DeFrancisco, Senator Bonacic and 

11   Senator Larkin, that's about 200 years of 

12   service.  No lie.  DeFran's trying to think, what 

13   is he talking about?  But, you know, a lot of 

14   people served in different capacities before they 

15   came here, and that made them better legislators 

16   when they came here.

17                So Senator Larkin, to you, thank you 

18   very much.  

19                John Bonacic.  Bonacic is not here.  

20   Come on, who -- who -- everybody loves Bonacic, 

21   right?  Hail fellow well met, dapper, he's got 

22   that $10 million smile, he's got a little pep in 

23   his step, he's always bobbing and weaving, 

24   talking to everybody.  I'm not sure anyone else 

25   could have done what he did today.  He got up on 


                                                               4599

 1   that roster when Griffo wasn't there, and 

 2   everybody went up -- I'm taking a picture with 

 3   Bonacic, I love Bonacic, I want to get my photo 

 4   with Bonacic.  We had to stop session because 

 5   everybody was taking a picture with John.  

 6                But you know what, I think too -- I 

 7   have known John Bonacic for 28 years.  And I've 

 8   been blessed to know his family.  I actually went 

 9   to his daughter's wedding.  His family was up 

10   here this week.  The love of his life, the love 

11   of his life is his bride of 51 years.  And he 

12   talks about her with the deepest affection that 

13   we should all really emulate whenever we can.  

14                So Senator Marchione left because of 

15   her family.  Senator Larkin left because of his 

16   family -- and if he didn't leave, they were going 

17   to come and get him and take him away.  

18                (Laughter.)

19                SENATOR FLANAGAN:   He told us that 

20   a bunch of times.  

21                Senator Bonacic left because of his 

22   family.  

23                And then there's John DeFrancisco.

24                SENATOR DeFRANCISCO:   I left in 

25   spite of them.


                                                               4600

 1                SENATOR FLANAGAN:   He left because 

 2   he doesn't like anybody.  

 3                (Laughter.)

 4                SENATOR FLANAGAN:   I don't hear 

 5   anyone disagreeing.

 6                (Laughter.)

 7                SENATOR FLANAGAN:   John DeFrancisco 

 8   is one of the most talented individuals I've met 

 9   in my entire life.  A very successful career on 

10   so many different levels.  Wickedly smart, 

11   dedicated, loyal.  A skutch on many occasions, 

12   which worked to his benefit, but frankly it made 

13   all of us better, I think, by extension.  

14                And, you know, I'm really going to 

15   miss him and my colleagues.  You don't sometimes 

16   realize the imprimatur or the effect that people 

17   have on you until they're not around.  So maybe 

18   it's a good way for us to take stock of who we 

19   are, appreciate each other on a daily basis, and 

20   recognize that having someone like John go to be 

21   with his family, enjoy other things outside of 

22   this Legislature -- you know what, from the 

23   bottom of my heart to you, thank you for your 

24   friendship, for your leadership, and for your 

25   service.  


                                                               4601

 1                I'm a better person because I know 

 2   all these people.  When I speak this way, I have 

 3   the privilege of getting up to speak.  Any one of 

 4   us could have gotten up and said similar type 

 5   things.  It could have been Mike Gianaris, it 

 6   could have been Neil Breslin, it could have been 

 7   Senator Peralta.  Everyone can extol the virtues 

 8   of the people who serve here.  

 9                So on that note, I want to thank 

10   Senator Stewart-Cousins for our good, solid, 

11   strong working relationship.  Yeah, a couple of 

12   bumps in the road, but that's life.  That's life 

13   and that's politics.  But I'm still amazed at how 

14   many things that we've actually gotten done for 

15   the people of the State of New York.

16                So thank you to all of you.  I 

17   appreciate the indulgence of allowing me to make 

18   these comments.  I hope everyone travels safely, 

19   gets enough rest so that you're bright-eyed and 

20   bushy-tailed to do your own petitions over the 

21   next couple of weeks.  And as we get into the 

22   summer season, I hope everyone enjoys what a 

23   great, beautiful, wonderful state we live in.  

24                Mr. President, thank you very much.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               4602

 1   you, Senator Flanagan. 

 2                (Extended standing ovation.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Is there any 

 6   further business at the desk?

 7                ACTING PRESIDENT GRIFFO:   There is 

 8   no further business before the desk.

 9                SENATOR DeFRANCISCO:   There being 

10   no further business, I move we adjourn at the 

11   call of the Temporary President, intervening days 

12   being legislative days.

13                ACTING PRESIDENT GRIFFO:   On 

14   motion, the Senate will stand adjourned until the 

15   call of the Temporary President, intervening days 

16   being legislative days.  

17                The Senate is adjourned.

18                (Whereupon, at 1:49 a.m., the Senate 

19   adjourned.)

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