Regular Session - May 18, 2016

                                                                   2660

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 18, 2016

11                     11:24 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR TERRENCE P. MURPHY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2661

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

 2                ACTING PRESIDENT MURPHY:   The 

 3   Senate will come to order.  

 4                Please rise for the Pledge of 

 5   Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT MURPHY:   Today's 

 9   invocation will be given by Reverend Peter 

10   Young, from Mother Teresa Community in Albany.

11                REVEREND YOUNG:   Thank you, 

12   Senator.

13                Being a Senator, you have been 

14   accepted into the leadership position so that 

15   you can more fully serve the people of New York 

16   State.  It's a difficult position that you will 

17   be required to do endless constituency events 

18   and meetings, always concerned for the necessary 

19   campaigning expenses, and that time for your 

20   family matters with priorities put tremendous 

21   pressure on all of your dedicated lifestyles.  

22                We know that your personal lives 

23   are put on this tension and keeps the tension on 

24   a calendar of this day so that you can then 

25   fulfill your commitment and responsibilities.  


                                                               2662

 1   And we thank you for being a public servant.

 2                In this more dedicated spirit of 

 3   community, our prayer today, then, will be to 

 4   better achieve the strength that you need as 

 5   Senators so that you will be able to be that 

 6   dedicated representation in the power that is 

 7   entrusted to you by our legislative leadership.  

 8                May you attain your satisfaction in 

 9   your services to your constituents.  

10                Amen.

11                ACTING PRESIDENT MURPHY:   We'll 

12   have the reading of the Journal.

13                THE SECRETARY:   In Senate, 

14   Tuesday, May 17th, the Senate met pursuant to 

15   adjournment.  The Journal of Monday, May 16th, 

16   was read and approved.  On motion, Senate 

17   adjourned.

18                ACTING PRESIDENT MURPHY:   Without 

19   objection, the Journal stands approved as read.

20                Presentation of petitions.

21                Messages from the Assembly.

22                The Secretary will read.

23                THE SECRETARY:   On page 19, 

24   Senator Stewart-Cousins moves to discharge, from 

25   the Committee on Local Government, Assembly Bill 


                                                               2663

 1   8659 and substitute it for the identical Senate 

 2   Bill 6355, Third Reading Calendar 264.

 3                ACTING PRESIDENT MURPHY:    

 4   Substitution ordered.

 5                THE SECRETARY:   On page 36, 

 6   Senator Akshar moves to discharge, from the 

 7   Committee on Elections, Assembly Bill 7597 and 

 8   substitute it for the identical Senate Bill 

 9   6979, Third Reading Calendar 731.

10                ACTING PRESIDENT MURPHY:    

11   Substitution ordered.

12                THE SECRETARY:   On page 44, 

13   Senator Savino moves to moves to discharge, from 

14   the Committee on Banks, Assembly Bill Number 

15   9480 and substitute it for the identical Senate 

16   Bill 7184, Third Reading Calendar 819.

17                ACTING PRESIDENT MURPHY:    

18   Substitution ordered.

19                Messages from the Governor.

20                Reports of standing committees.

21                Reports of select committees.

22                Communications and reports from 

23   state officers.

24                Motions and resolutions.

25                Senator DeFrancisco.


                                                               2664

 1                SENATOR DeFRANCISCO:   Yes, 

 2   Mr. President, I wish to call up Senator 

 3   Marchione's bill, Print Number 5857A, recalled 

 4   from the Assembly, which is now at the desk.

 5                ACTING PRESIDENT MURPHY:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   171, by Senator Marchione, Senate Print 5857A, an 

 9   act to authorize.

10                SENATOR DeFRANCISCO:   I now move to 

11   reconsider the vote by which the bill was passed.

12                ACTING PRESIDENT MURPHY:   Call the 

13   roll on reconsideration.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 42.

16                SENATOR DeFRANCISCO:   I now offer 

17   the following amendments.

18                ACTING PRESIDENT MURPHY:   The 

19   amendments are received, and the bill retains its 

20   place on the Third Reading Calendar.

21                SENATOR DeFRANCISCO:   Also, on 

22   page number 32, I offer the following amendments 

23   to my bill, Calendar Number 649, Senate Print 

24   3785, and ask that said bill retain its place on 

25   the Third Reading Calendar.


                                                               2665

 1                ACTING PRESIDENT MURPHY:   So 

 2   ordered.

 3                SENATOR DeFRANCISCO:   On page 22, I 

 4   offer the following amendments to Calendar 344, 

 5   Senate Print 1909A, a bill by Senator Marcellino, 

 6   and ask that said bill retain its place on the 

 7   Third Reading Calendar.

 8                ACTING PRESIDENT MURPHY:   So 

 9   ordered.

10                SENATOR DeFRANCISCO:   Can you now 

11   take up previously adopted Resolution 5620, by 

12   Senator Kaminsky, and read the title only and 

13   call on the Senator, please.

14                ACTING PRESIDENT MURPHY:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 5620, by Senator Kaminsky, 

18   congratulating the State of Israel upon the 

19   occasion of the 68th Anniversary of its 

20   independence and reaffirming the bonds of 

21   friendship and cooperation between the State of 

22   New York and Israel.

23                ACTING PRESIDENT MURPHY:   Senator 

24   Kaminsky.

25                SENATOR KAMINSKY:   Thank you, 


                                                               2666

 1   Mr. President.  

 2                I rise today to commemorate the 

 3   68th anniversary of Israel's independence and to 

 4   reaffirm the bonds of friendship between our 

 5   state and the Jewish homeland.  

 6                This last Thursday we celebrated 

 7   Israel's establishment as a sovereign state, as a 

 8   homeland for the Jewish people, a bastion of 

 9   freedom and democracy.  

10                Rising from the ashes of the 

11   Holocaust, Israel has come to embody the true 

12   meaning of perseverance and resilience.  She has 

13   overcome seemingly insurmountable challenges 

14   since 1948 and has had to defend itself time and 

15   time again against enemies seeking to destroy it.  

16                Today Israel stands proudly as the 

17   Middle East's sole true democracy, rooted in 

18   equality and freedom, as the nation thrives in 

19   the ancestral homeland of the Jewish people.  

20                Bound by its steadfast commitment to 

21   freedom and democracy, New York and Israel share 

22   an unbreakable friendship as economic, strategic 

23   and cultural partners.  We as a body have stood 

24   together to condemn the vile BDS movement and its 

25   thinly veiled attempt to harm Israel while 


                                                               2667

 1   desensitizing our young people to the 

 2   anti-Semitic movement it truly is.  

 3                Just last December I was proud to 

 4   have attended, with an Assembly delegation, a 

 5   visit to Israel with my colleagues on a mission 

 6   to the Jewish state, where we saw firsthand the 

 7   prosperity that Israel has built, along with its 

 8   security challenges.  

 9                We were down on the Gaza border in a 

10   town called Sderot, and we left that town at 

11   2 o'clock in the afternoon.  Just two hours later 

12   that day, the air raid warning sounded as a 

13   rocket was fired from Hamas toward that area.  

14   The challenges still exist every day, even while 

15   the country continues to advance and thrive.  

16                So I therefore offer this resolution 

17   to recognize that Israel has made tremendous 

18   advancements in science, medicine and technology.  

19   Its economy prosperous, its agriculture 

20   bountiful, and its innovation astounding, it is a 

21   true testament to what freedom and democracy can 

22   accomplish.  And I'm proud to recognize the 

23   anniversary of its independence today.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT MURPHY:   Senator 


                                                               2668

 1   Stavisky.

 2                SENATOR STAVISKY:   Thank you, 

 3   Mr. President.  

 4                And thank you, Senator Kaminsky, for 

 5   those words about the establishment of the State 

 6   of Israel, and particularly for your comments 

 7   condemning the BDS movement, which has been the 

 8   subject of so much discussion even here in this 

 9   chamber.

10                Hopefully there will be a solution 

11   to some of the crises in the Middle East and 

12   Israel will continue to flourish.  But I really 

13   wanted to thank Senator Kaminsky for his comments 

14   and for his support of the State of Israel.  

15                Thank you.

16                ACTING PRESIDENT MURPHY:   Thank 

17   you, Senator Stavisky.

18                Senator Martins.

19                SENATOR MARTINS:   Thank you, 

20   Mr. President.  

21                I also rise to join our colleagues 

22   in recognizing the anniversary for the State of 

23   Israel, recognizing the relationship, the special 

24   relationship that we here in New York have with 

25   Israel, recognizing the importance of Israel as 


                                                               2669

 1   an ally of the United States, recognizing the 

 2   efforts that we in this house have already passed 

 3   a bill combating the BDS movement.  

 4                We passed it months ago.  We have 

 5   made a statement that we stand in solidarity with 

 6   Israel in this house as a Senate chamber.  But 

 7   yet we have yet to have a bill pass the other 

 8   house, we have yet to have a bill that has been 

 9   presented to the Governor.  

10                Words mean more if we actually 

11   follow up on those words, Mr. President.  We have 

12   a responsibility as State Senators that stand 

13   with Israel to do more than just speak about it 

14   but to advocate that we take actual steps to 

15   demonstrate that resolve.  We did it here in the 

16   Senate.  It has yet to be passed in the Assembly.  

17   There is yet to be a bill presented to the 

18   Governor.  

19                I thank the sponsor for this 

20   opportunity to speak out once again on a lack of 

21   commitment by the Assembly on this issue, and I 

22   call them to do so the same that we did months 

23   ago.  

24                Thank you, Mr. President, for this 

25   opportunity.


                                                               2670

 1                ACTING PRESIDENT MURPHY:   Thank 

 2   you, Senator Martins.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Yes, could 

 5   you please open this resolution up for 

 6   cosponsorship.

 7                ACTING PRESIDENT MURPHY:   The 

 8   resolution is open for cosponsorship.  If you do 

 9   not wish to be a cosponsor, please notify the 

10   desk.  

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   Yes, would 

13   you now take up previously adopted Resolution 

14   3618, by Senator Griffo, read the title only, and 

15   recognize Senator Griffo.

16                ACTING PRESIDENT MURPHY:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 3618, by Senator Griffo, 

20   memorializing Governor Andrew M. Cuomo to 

21   proclaim May 2016 as Lupus Awareness Month in the 

22   State of New York.

23                ACTING PRESIDENT MURPHY:   Senator 

24   Griffo.

25                SENATOR GRIFFO:   Thank you, 


                                                               2671

 1   Mr. President.

 2                I want to once again bring this 

 3   resolution to the attention of the house.  This 

 4   is something we have done annually.  

 5                Lupus is a chronic inflammatory 

 6   autoimmune disease.  We have a number of the 

 7   advocates with us this afternoon.  And this is a 

 8   disease that has affected so many in so many 

 9   different ways.  Everyone can recount a story of 

10   a family member or a friend.  It is more common 

11   than AIDS and sickle cell anemia, multiple 

12   sclerosis, cystic fibrosis and cerebral palsy.

13                Unfortunately, lupus research is 

14   underfunded in comparison with diseases of 

15   comparable magnitude.  And that's why it is so 

16   important that we continue to call attention to 

17   this, to advocate, along with the advocates, to 

18   continue to not only focus on this but to find a 

19   way to provide the research dollars to find a 

20   cure.

21                The organizations are dedicated to 

22   improving the quality of life of individuals who 

23   have lupus, and their loved ones.  We want to 

24   talk about public education and support, again, 

25   more research and promoting more programs of 


                                                               2672

 1   awareness.

 2                So today I am honored to have with 

 3   us Kathleen Arntsen and a number of lupus 

 4   advocates from across the State of New York.  If 

 5   you would just please rise and be recognized.  

 6   Thank you so much for all of your hard work and 

 7   your efforts.  We sincerely appreciate what you 

 8   do, and we will continue to support you in your 

 9   efforts.

10                Thank you, Mr. President.

11                ACTING PRESIDENT MURPHY:   Thank 

12   you, Senator Griffo.

13                Senator Savino.

14                SENATOR SAVINO:   Thank you, 

15   Mr. President.  

16                I also want to thank my colleague 

17   Senator Griffo for again bringing this resolution 

18   to the floor asking Governor Cuomo to dedicate 

19   May 10th to Lupus Awareness Day.  

20                I also want to welcome Kathleen 

21   Arntsen and the Lupus and Allied Diseases 

22   Association back to the Capitol for their annual 

23   advocacy day on this very important issue.  

24                Of the many diseases that affect 

25   women, one of the most deadly and dreadful and 


                                                               2673

 1   debilitating is lupus.  The sad thing is many 

 2   women don't know anything about lupus.  Many 

 3   young women don't know that lupus exists, and 

 4   they will suffer for many years from many of the 

 5   symptoms that lupus produces.  

 6                Lupus attacks just about every part 

 7   of the body -- skin, joints, blood and kidneys.  

 8   It affects 1.5 million women in the United 

 9   States, and more than 5 million women worldwide.  

10   It is a very difficult disease to diagnose 

11   because the symptoms vary, and they arrive in 

12   stages and they are highly individualized.  Many 

13   young women will go years not knowing exactly 

14   what is wrong with them, not understanding who to 

15   talk to and what is wrong with them.  And as a 

16   result of that, they don't get the care and the 

17   attention that they deserve.

18                It is one of the reasons why this 

19   resolution is so important and also one of the 

20   reasons why Senator Griffo and I have been trying 

21   for the past couple of years to get the state to 

22   adopt an awareness program, an education program, 

23   so that we can make sure that more women in 

24   New York State know about lupus, know about early 

25   detection, so they will get the care and 


                                                               2674

 1   attention that they need.  

 2                So again, I want to thank Senator 

 3   Griffo for joining us in highlighting this very 

 4   important issue that is important to all women 

 5   everywhere.  And I ask all of my colleagues to 

 6   support this resolution on lupus awareness.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT MURPHY:   Thank 

 9   you, Senator Savino.

10                Senator Parker.

11                SENATOR PARKER:   Thank you, 

12   Mr. President.  On the resolution.

13                First let me also add my thanks to 

14   the leadership of Senator Griffo in continuing to 

15   bring the issue of lupus to this body and to the 

16   people of the state.  

17                And let me also associate myself 

18   with the comments made by Senator Savino on this 

19   resolution and talking about how important it is 

20   to combat this dreaded disease.

21                Let me also welcome the folks who 

22   are here, many of whom are suffering from lupus.  

23   And I'm really hoping that people in this chamber 

24   will take time to meet our constituents who are 

25   dealing with this every single day.  


                                                               2675

 1                If you don't know, lupus is an 

 2   autoimmune disease where the body's immune system 

 3   becomes hyperactive and attacks normal, healthy 

 4   tissue.  And the results and symptoms such as 

 5   inflammation, swelling, damage to the joints, 

 6   skin, kidneys,  blood, heart, lungs, hair loss, 

 7   bruising, anxiety, depression, headaches and 

 8   memory loss, are amongst a few of the things that 

 9   people are suffering with when they have this 

10   horrible disease.  And currently there's no cure, 

11   as we know, for lupus.  

12                So according to the Lupus Foundation 

13   of America, there's 1.5 to 2 million Americans 

14   who have some form of lupus.  And the prevalence 

15   is about 40 cases per 100,000 persons amongst  

16   northern Europeans, and 200 per 100,000 for 

17   African-Americans.

18                This disease affects both men and 

19   women, but it's nine times more likely to affect 

20   women than affect men.

21                And so although there's no cure for 

22   this disease, members of this body have been 

23   working on it.  As you heard, Senator Savino 

24   indicated that she and Senator Griffo have a bill 

25   that would do some education in the State of 


                                                               2676

 1   New York around lupus education.  

 2                But I have a bill, Senate Bill 

 3   S553A -- and it has a corresponding Assembly 

 4   sponsor, which is A2581A -- that will establish 

 5   the Lupus Education and Prevention Fund.  And so 

 6   the bill that I have put forward would actually 

 7   fund the work that Senator Savino and Senator 

 8   Griffo's bill would do.  And I'm going to take 

 9   this time to ask that this bill be brought to the 

10   floor as soon as possible and passed in this 

11   house, and we'll work hard to get it passed in 

12   the Assembly.

13                This bill would allow individuals to 

14   make optional monetary contributions that can be 

15   taken as a taxpayer exemption on all corporate or 

16   personal income tax forms.  This bill would give 

17   corporate and individual taxpayers the option to 

18   contribute to the Cancer Education and Prevention 

19   Program through voluntary contributions that 

20   would provide a source of funding for research 

21   and study into the causes and the cure -- the 

22   cure -- for lupus.  With this in this place, I 

23   believe that we can begin to focus on the 

24   approach dedicated to finding a cure for lupus.  

25                And I sincerely urge my colleagues 


                                                               2677

 1   in the Senate and the Assembly to both first 

 2   cosponsor this bill and then let's move together 

 3   for passage.  And I believe that passing my 

 4   legislation, as well as Senators Savino and 

 5   Griffo's legislation, we will be one step closer 

 6   to a cure.  

 7                Thank you very much.

 8                ACTING PRESIDENT MURPHY:   Thank 

 9   you, Senator Parker.

10                We would like to welcome you all to 

11   the New York State Senate chamber here and extend 

12   to you all the courtesies of the house.  

13                (Applause.)

14                ACTING PRESIDENT MURPHY:   Senator 

15   DeFrancisco.

16                SENATOR DeFRANCISCO:   Could you 

17   please open that resolution up for cosponsorship.

18                ACTING PRESIDENT MURPHY:   The 

19   resolution is open for cosponsorship.  If you do 

20   not wish to be a cosponsor, please notify the 

21   desk.  

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Next would 

24   you take up previously adopted Resolution 5718, 

25   by Senator Kennedy, read the title only, and call 


                                                               2678

 1   on Senator Kennedy.

 2                ACTING PRESIDENT MURPHY:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 5718, by Senator Kennedy, 

 6   commemorating the 75th anniversary of the 

 7   production of Cheerios in Buffalo, New York.

 8                ACTING PRESIDENT MURPHY:   Senator 

 9   Kennedy.

10                SENATOR KENNEDY:   Thank you very 

11   much, Mr. President.  

12                I rise today to honor a long-time 

13   employer in Western New York and a contributor to 

14   the fabric of our great city, state and nation.  

15   See, General Mills in Buffalo is celebrating its 

16   75th anniversary of the production of Cheerios in 

17   the city.

18                In fact, Buffalo has produced the 

19   cereal since Cheerios was first introduced in 

20   1941 as the first oat-based, ready-to-eat cereal.  

21   And even today, if you drive by the plant on the 

22   right morning, the smell of freshly baked 

23   Cheerios lingers in the air.

24                During its 75-year production, the 

25   plant has provided good jobs to thousands of 


                                                               2679

 1   Western New Yorkers.  The plant today employs 

 2   over 400 workers, many of them coming from the 

 3   second or third generation of Cheerio plant 

 4   workers.  These workers, proud members of the 

 5   Bakery, Confectionery, Tobacco Workers and Grain 

 6   Millers' International Union, Local 36G, and the 

 7   International Longshoremen's Association, Local 

 8   1286, make everything from Cheerios to Lucky 

 9   Charms to Gold Mill flour.

10                The plant itself was completed in 

11   1941, and the oldest structure on the property 

12   dates to 1903.  Over the years, General Mills has 

13   modernized the plant.  But at a time when 

14   companies seem to move to new and bigger 

15   facilities, Cheerios and General Mills have 

16   remained committed to Buffalo, continuing its 

17   manufacturing success in our city.

18                And workers are proud of their 

19   efficiency in producing Cheerios even when 

20   compared to more modern production plants.  The 

21   Buffalo facility often ranks in the top tier of 

22   General Mills properties for plant facility 

23   performance, which is a testament to the workers 

24   who make the Cheerios.  In fact, if you took the 

25   number of cereal boxes produced annually at the 


                                                               2680

 1   plant and laid them end to end, they would circle 

 2   the globe and then some.

 3                The facility is home to one of the 

 4   last working grain elevators in Buffalo, the city 

 5   that invented them.  Oats are still shipped in by 

 6   rail or by the occasional boat traveling across 

 7   the Great Lakes from Minnesota.  Buffalo's 

 8   central location results in boxes of Cheerios 

 9   being shipped to markets along the East Coast of 

10   the United States as well as into Ontario and 

11   Quebec.  

12                You can tell if your Cheerios were 

13   made in Buffalo -- just look at the box, and the 

14   production code will tell you.  If it begins with 

15   the letters B-U, then that box of Cheerios was in 

16   fact made in our great city.  

17                And I promise, if you have that box 

18   of cereal made in Buffalo, it will be the best 

19   box of Cheerios you have ever had.  As a matter 

20   of fact, I'm going to be bringing a box of 

21   Cheerios in to my colleagues next week for you 

22   all to test yourselves.  I'm looking forward to 

23   you getting back to me on that.

24                (Applause.)

25                SENATOR KENNEDY:   And finally, 


                                                               2681

 1   finally, it's important to note that General 

 2   Mills gives back to the community as well, 

 3   donating over 1,000 cases of cereal each month to 

 4   the Food Bank of Western New York.  

 5                So to General Mills and Cheerios, 

 6   thank you for your continued commitment to 

 7   produce Cheerios and other products in Buffalo.  

 8   To the workers, congratulations on 75 years of 

 9   hard work, and thank you for the immense pride 

10   you give our great city.  I know Buffalo is proud 

11   to be one of the homes of Cheerios.  Here's to 

12   another 75 years and more.  

13                With that, Mr. President, I'd like 

14   to open this resolution up for cosponsorship, and 

15   I vote aye.  Thank you very much.

16                ACTING PRESIDENT MURPHY:   Cheerios.

17                (Laughter.)

18                ACTING PRESIDENT MURPHY:   Senator 

19   DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, it's 

21   quite obvious, based upon the energy that was 

22   just expressed in that resolution, the remarks on 

23   the resolution, that Senator Kennedy had several 

24   boxes of Lucky Charms this morning for breakfast.  

25                (Laughter.)


                                                               2682

 1                SENATOR DeFRANCISCO:   And I also 

 2   just wanted to mention that it's a good thing, 

 3   it's a good thing that this product is being made 

 4   in Buffalo, especially the Lucky Charms.  Because 

 5   if it was manufactured in the City of New York, 

 6   there might be an elected official that would 

 7   want to limit the size of the box --

 8                (Booing; laughter.)

 9                SENATOR DeFRANCISCO:   -- because it 

10   may not be good for you.

11                So congratulations, Buffalo.  Thank 

12   you.

13                ACTING PRESIDENT MURPHY:   Thank 

14   you, Senator DeFrancisco.  

15                Senator Krueger.

16                SENATOR KRUEGER:   Thank you.

17                He's not an official of the City of 

18   New York anymore.  It's okay, Senator, you don't 

19   have to live in fear anymore about size limits on 

20   your food products.

21                I want to congratulate Senator 

22   Kennedy on his resolution honoring 75 years of 

23   Cheerios.  But I also just wanted to point out 

24   that if you look further back in the history of 

25   cereal in this country, New York State, our 


                                                               2683

 1   state, was the creator of the very first 

 2   recognized breakfast cereal back in 1863.  

 3                It also was produced and invented in 

 4   Western New York -- although not Buffalo -- and 

 5   it was called Granula.  And it was invented in 

 6   1863 by James Caleb Jackson, who had a health 

 7   sanatorium in Dansville, which I believe is in 

 8   Senator Young's district.  

 9                But back in 1863, New York State was 

10   leading the country in recognizing the value of 

11   breakfast cereal.  And clearly that message was 

12   picked up at a later date by the Cheerios folks 

13   in Buffalo, New York.

14                So thank you for educating us on 

15   cereal, Senator Kennedy.

16                ACTING PRESIDENT MURPHY:   Thank 

17   you, Senator Krueger.

18                This resolution will be open for 

19   cosponsorship.  If you do not wish to be a 

20   cosponsor, please notify the desk.  

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   Yes, could we 

23   now recognize Senator Venditto for the 

24   introduction of some students.

25                ACTING PRESIDENT MURPHY:   Senator 


                                                               2684

 1   Venditto.

 2                SENATOR VENDITTO:   Thank you very 

 3   much, Mr. President.

 4                ACTING PRESIDENT MURPHY:   Can we 

 5   get a little order in the house.

 6                SENATOR VENDITTO:   If any of our 

 7   members have the privilege of walking into the 

 8   Legislative Office Building today and passing 

 9   The Well at the Capitol, you may see some 

10   wonderful works of art that have been furnished 

11   by some tremendous students across New York 

12   State, two of whom hail from the 8th Senatorial 

13   District and the hamlet of Wantagh.  And I just 

14   wanted to take a moment to introduce them to our 

15   members.  

16                We have, first, Madalyn Rhodes, who 

17   is accompanied by her parents, Laura and Charles.  

18   And Madalyn is a student at Forest Lake School in 

19   Wantagh.  

20                And secondly, we have John Michael 

21   Lagares, who is accompanied by his mother, 

22   Corsalyn {ph}.  And John is a student at Wantagh 

23   High School.  

24                And both Madalyn and John have taken 

25   part in our legislative art exhibit, and they 


                                                               2685

 1   have shown at a very early age that they are able 

 2   to do some wonderful things in the artistic 

 3   field.  

 4                So we welcome them here to the 

 5   chamber today, thank them for participating, and 

 6   encourage them to continue to do great work so 

 7   that we can enjoy the fruits of their talents.  

 8                Congratulations to you, Madalyn and 

 9   John, for being selected to be part in our 

10   exhibit today, and welcome to the Senate chamber.  

11                Thank you, Mr. President.  

12                (Applause.)

13                ACTING PRESIDENT MURPHY:   Thank 

14   you, Senator Venditto.  

15                John, Madalyn, and family members, 

16   welcome to the New York State chambers.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Would you 

19   please call on Senator Amedore for an 

20   introduction.

21                ACTING PRESIDENT MURPHY:   Senator 

22   Amedore.

23                SENATOR AMEDORE:   Thank you, 

24   Mr. President.  

25                I rise to introduce two groups, two 


                                                               2686

 1   introductions, real quick, that I believe are 

 2   special to me and to all of us here.  

 3                The first group, we have a group of 

 4   young students.  They are seniors from 

 5   Fonda-Fultonville High School in Montgomery 

 6   County, and they are here at the Capitol today as 

 7   part of their College in the Classroom government 

 8   class.  

 9                And I've had an opportunity to meet 

10   with them and to talk and to answer their 

11   questions, but also had the privilege of 

12   introducing Senator Larkin to them.  And he spent 

13   some time with them to share some of his stories.  

14   And we all know the stories of Senator Larkin.

15                They have with them the 

16   superintendent, Tom Ciaccio, as well as a special 

17   honor to introduce Barbara Baker, who is the 

18   Instructor of the Year, the Regional Technology 

19   Teacher of the Year, who has been nominated and 

20   awarded that honor and that designation.  So 

21   thank you for all of your hard work and your 

22   dedication for the students.

23                The second introduction is very 

24   important to all of us because these two young 

25   ladies are Blue Star Moms.


                                                               2687

 1                And Blue Star Moms we all know, we 

 2   all have them in our districts.  They are here 

 3   today touring the Capitol and actually shadowing 

 4   me and going around and seeing how things work.  

 5   And I am honored to have both of them from my 

 6   district, and that is Robin Johnson and Donna 

 7   Vickery, who are here today.  

 8                So thank you so much for your 

 9   dedication, your love of country.  And we pray 

10   for you and the protection of your loved ones who 

11   are serving in our armed forces.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT MURPHY:   Thank 

14   you, Senator Amedore.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Would you now 

17   recognize Senator Serino for an introduction.

18                ACTING PRESIDENT MURPHY:   Senator 

19   Serino.

20                SENATOR SERINO:   Thank you, 

21   Mr. President.

22                I just want to take a minute to 

23   recognize some very special guests that are here 

24   with us today.  Mr. Harry McMurtry, his wife 

25   Deborah and their son Tom, and friends, are here 


                                                               2688

 1   as part of a very unique initiative.  Harry and 

 2   his group are walking 500 miles from New York 

 3   City to Toronto to raise awareness for the 

 4   debilitating effects of Parkinson's disease.  

 5                But the most amazing thing is Harry 

 6   was diagnosed with Parkinson's disease in 2005 

 7   and had deep brain stimulation surgery in 2011 

 8   which enables him to be able to do this walk.  

 9   And he has his friends here who also have 

10   Parkinson's:  Sue Thompson, of Toronto, and 

11   Dr. Ross Sugar.  

12                I was honored to have met these 

13   folks last week when their journey brought them 

14   to the Walkway over the Hudson in my district.  

15   And let me tell you, inspiration is an 

16   understatement.  And Harry, you're one of the 

17   most positive people I've ever had the pleasure 

18   to meet in my life.  

19                They're on a mission to raise 

20   awareness and spread an important message about 

21   strength and perseverance.  We are honored to 

22   have all of you here with us today to raise 

23   awareness for this important cause, and we wish 

24   you a safe and happy journey.  

25                Thank you.


                                                               2689

 1                ACTING PRESIDENT MURPHY:   Thank 

 2   you, Senator Serino.

 3                Senator Serino, I would also like to 

 4   welcome your father to the New York State Senate 

 5   chamber here, who is visiting from Virginia.  

 6                Welcome.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   For the last 

 9   introduction, would you please call on Senator 

10   Breslin.

11                ACTING PRESIDENT MURPHY:   Senator 

12   Breslin.

13                SENATOR BRESLIN:   Thank you, 

14   Mr. President.  And thank you, Senator 

15   DeFrancisco.

16                I'm proud to stand and acknowledge 

17   some young women making a meaningful and 

18   sustainable difference in the world.  And I think 

19   you guess if they're young women doing good 

20   things, they're generally Girl Scouts.  

21                And the Girl Scouts are here today 

22   with Allison Marinucci, who is the manager of the 

23   Young Women's Leadership Initiative.  And she has 

24   some wonderful Girl Scouts.  

25                And I might add there's Girl Scouts 


                                                               2690

 1   throughout the Capitol and the LOB, and they all 

 2   do a wonderful job.  

 3                But if you could stand and be 

 4   recognized, we're very happy for you to be here.

 5                (Applause.)

 6                SENATOR BRESLIN:   Thank you, 

 7   Allison.  

 8                And thank you, Cheerios.

 9                (Laughter.)

10                SENATOR BRESLIN:   Thank you, 

11   Mr. President.

12                ACTING PRESIDENT MURPHY:   Thank 

13   you, Senator Breslin.  

14                The Girl Scouts of America, welcome 

15   to the New York State Senate chambers.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   It's obvious 

18   that some of them have been in parades before; 

19   they have the wave down pat.

20                (Laughter.)

21                SENATOR DeFRANCISCO:   Can we now 

22   take up the noncontroversial reading of the 

23   calendar.

24                ACTING PRESIDENT MURPHY:   The 

25   Secretary will read.


                                                               2691

 1                THE SECRETARY:   Calendar Number 

 2   264, substituted earlier by Member of the 

 3   Assembly Pretlow, Assembly Print 8659, an act to 

 4   amend the Local Finance Law.

 5                ACTING PRESIDENT MURPHY:   There is 

 6   a home-rule message at the desk.

 7                The Secretary will read the last 

 8   section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT MURPHY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT MURPHY:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 56.

17                ACTING PRESIDENT MURPHY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   330, by Senator Martins, Senate Print 6685, an 

21   act to authorize.

22                ACTING PRESIDENT MURPHY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2692

 1                ACTING PRESIDENT MURPHY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT MURPHY:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 55.  Nays, 1.  

 7   Senator Bonacic recorded in the negative.

 8                ACTING PRESIDENT MURPHY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   691, by Senator Hannon, Senate Print 5458C, an 

12   act to amend the Public Health Law.

13                ACTING PRESIDENT MURPHY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT MURPHY:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT MURPHY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT MURPHY:   Senator 

24   Hoylman to explain his vote.

25                SENATOR HOYLMAN:   Thank you, 


                                                               2693

 1   Mr. President.  

 2                I'm voting in the negative because I 

 3   want my colleagues to understand that this is 

 4   truly a seismic shift in the way we operate 

 5   healthcare in New York.  This is a back-door 

 6   allowance that will allow the corporatization of 

 7   physicians' offices -- really, in my opinion, 

 8   putting profits over the well-being of patients.

 9                I would urge us to put the pause 

10   button on this model and conduct a study.  In 

11   fact, Mr. President, one of my first bills in the 

12   Senate, which I worked with Senator Hannon on, 

13   was to instruct the Department of Health to look 

14   at the issue of urgent care centers:  Let's get 

15   some regulations from the Department of Health to 

16   determine how urgent care centers should be 

17   regulated.  That was one of my first bills, over 

18   three and a half years ago.  To this date, 

19   Mr. President, the Department of Health has not 

20   conducted or issued the results of that study.

21                I'll be voting no.  I believe the 

22   Hippocratic oath is "Do no harm," not "Make lots 

23   of money."

24                Thank you, Mr. President.

25                ACTING PRESIDENT MURPHY:   Senator 


                                                               2694

 1   Hoylman will be recorded in the negative.

 2                Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 691, those recorded in the negative are 

 5   Senators Comrie, Dilan, Gianaris, 

 6   Hassell-Thompson, Hoylman, Krueger, Latimer, 

 7   Montgomery, Perkins, Persaud, Rivera, Serrano, 

 8   Squadron, Stavisky and Stewart-Cousins.

 9                Ayes, 41.  Nays, 15.

10                ACTING PRESIDENT MURPHY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   731, substituted earlier by Member of the 

14   Assembly Cusick, Assembly Print 7597, an act to 

15   repeal subdivision 8 of Section 4-104 of the 

16   Election Law.

17                ACTING PRESIDENT MURPHY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT MURPHY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT MURPHY:   Call the 

25   roll.


                                                               2695

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 56.

 3                ACTING PRESIDENT MURPHY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   750, by Senator Marcellino, Senate Print 6504, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT MURPHY:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT MURPHY:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 56.

16                ACTING PRESIDENT MURPHY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   752, by Senator Marcellino, Senate Print 6507, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT MURPHY:   Read the 

22   last section.

23                THE SECRETARY:   Section 35.  This 

24   act shall take effect July 1, 2017.

25                ACTING PRESIDENT MURPHY:   Call the 


                                                               2696

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 56.

 4                ACTING PRESIDENT MURPHY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   765, by Senator Gallivan, Senate Print 405, an 

 8   act to amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT MURPHY:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT MURPHY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 56.

17                ACTING PRESIDENT MURPHY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   766, by Senator Gallivan, Senate Print 437, an 

21   act to amend the Highway Law.

22                ACTING PRESIDENT MURPHY:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               2697

 1                ACTING PRESIDENT MURPHY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT MURPHY:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 55.  Nays, 1.  

 7   Senator Perkins recorded in the negative.

 8                ACTING PRESIDENT MURPHY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   770, by Senator Martins, Senate Print 4101A, an 

12   act to amend the Highway Law.

13                ACTING PRESIDENT MURPHY:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT MURPHY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT MURPHY:   Senator 

21   Krueger to explain her vote.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.

24                I rise to explain I'm voting no.  

25   While I am a big fan of Mr. Joel's music, last I 


                                                               2698

 1   checked, he is still alive and well, living on 

 2   Long Island.  And I actually don't think we 

 3   should name things after living people.

 4                I also hope that my colleague who's 

 5   sponsoring the bill understands that now he can 

 6   never accept free entertainment from Mr. Joel or 

 7   have him participate in any kind of political or 

 8   fundraising events for him, since he's sponsoring 

 9   a highway in the name of this living musician.  

10                So I think it's a little bit of a 

11   risky precedent and it's not the right precedent 

12   for the state.  Great people do live here, and 

13   they die, and at some point after, exploring 

14   whether we should recognize them by honoring them 

15   with namings of buildings, roads, et cetera, is 

16   appropriate.  Not while they're alive and well.

17                Thank you, Mr. President.

18                ACTING PRESIDENT MURPHY:   Senator 

19   Krueger will be recorded in the negative.

20                Senator Stavisky.

21                SENATOR STAVISKY:   Thank you, 

22   Mr. President.  

23                I too will vote no, because I think 

24   setting a precedent for naming structures or 

25   buildings or roads after somebody who is still 


                                                               2699

 1   alive -- and I certainly don't wish Mr. Joel any 

 2   harm.  But on the other hand, I will vote no for 

 3   that reason, that we should not be naming 

 4   anything after people who are still alive.

 5                Thank you.  

 6                ACTING PRESIDENT MURPHY:   Senator 

 7   Stavisky will be recorded in the negative.

 8                Senator Martins.

 9                SENATOR MARTINS:   Thank you, 

10   Mr. President.  

11                And I want to thank my colleagues 

12   who have supported this effort once again.  This 

13   bill has passed this house in the past.  

14                And I do understand the concerns 

15   that exist.  But let me lay some of the concerns 

16   aside.

17                I happen to be a Billy Joel fan.  I 

18   think many people here in the chamber and across 

19   the country and around the world happen to be 

20   Billy Joel fans.  But Billy Joel did grow up on 

21   Long Island, he did grow up in the Hicksville 

22   area.  This small piece of a state highway being 

23   renamed in his honor is just a recognition of 

24   that.  

25                Now, there is a debate out there as 


                                                               2700

 1   to whether or not we should name things after 

 2   people who are living.  And there are people who 

 3   think that people should be dead before you give 

 4   them the honor of recognizing them.  I happen to 

 5   disagree.  And frankly, I didn't hear any protest 

 6   when we have named bridges after former New York 

 7   City mayors.  We have named office buildings 

 8   after former New York City mayors.  We've had 

 9   people in this chamber who have gotten up and 

10   complained about naming things after people who 

11   are still alive who were at those events and 

12   stood at those events and yet have voted no.

13                So I would say this.  I've had the 

14   privilege in my life to serve in different 

15   capacities in public office.  And one of the 

16   great privileges of my life was, as mayor of the 

17   Village of Mineola, being able to recognize an 

18   individual who had exceptional service to the 

19   community by renaming the pool after him, the 

20   village pool.  So we now have the John S. DaVanzo 

21   Village Pool in the Village of Mineola.

22                John passed away a few years back, 

23   but before he passed he had the privilege of 

24   knowing that his community honored him and to be 

25   there for that presentation.  There's something 


                                                               2701

 1   special about that, Mr. President, the ability to 

 2   honor people in the moment and to let them know 

 3   that their efforts in their lives and that their 

 4   achievements in their lives are being recognized 

 5   not only by their peers, by people at large and 

 6   by the public.  

 7                Billy Joel is a person who deserves 

 8   such a recognition.  For those who supported this 

 9   bill, thank you.  For those who didn't support 

10   the bill, I know you'll reconsider and perhaps 

11   vote for it next time.

12                Mr. President, thank you.  

13                ACTING PRESIDENT MURPHY:   Senator 

14   Martins will be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 770, those recorded in the negative are 

18   Senators Hoylman, Kaminsky, Krueger and Stavisky.  

19   Also Senator Perkins.  

20                Ayes, 52.  Nays, 5.

21                ACTING PRESIDENT MURPHY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   773, by Senator Ranzenhofer, Senate Print 4462, 

25   an act to amend the Vehicle and Traffic Law.


                                                               2702

 1                ACTING PRESIDENT MURPHY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 120th day.

 5                ACTING PRESIDENT MURPHY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT MURPHY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   804, by Senator Carlucci, Senate Print 1971, an 

13   act to amend the Executive Law.

14                ACTING PRESIDENT MURPHY:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT MURPHY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT MURPHY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   818, by Senator Savino, Senate Print 7183, an act 


                                                               2703

 1   to amend the Banking Law.

 2                ACTING PRESIDENT MURPHY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT MURPHY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT MURPHY:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 56.  Nays, 1.  

12   Senator Robach recorded in the negative.

13                ACTING PRESIDENT MURPHY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   819, substituted earlier by Member of the 

17   Assembly Jean-Pierre, Assembly Print 9480, an act 

18   to amend Chapter 526 of the Laws of 1998.

19                ACTING PRESIDENT MURPHY:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT MURPHY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2704

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT MURPHY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   853, by Senator Young, Senate Print 7187, an act 

 6   to amend Chapter 142 of the Laws of 2014.

 7                ACTING PRESIDENT MURPHY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT MURPHY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT MURPHY:   Announce 

15   the results.

16                THE SECRETARY:   In relation to 

17   Calendar 853, those recorded in the negative are 

18   Senators Hoylman, Perkins and Serrano.

19                Ayes, 54.  Nays, 3.

20                ACTING PRESIDENT MURPHY:   The bill 

21   is passed.

22                Senator DeFrancisco, that completes 

23   the noncontroversial reading of the calendar.

24                SENATOR DeFRANCISCO:   Is there any 

25   further business at the desk?


                                                               2705

 1                ACTING PRESIDENT MURPHY:   No 

 2   further business.

 3                SENATOR DeFRANCISCO:   Then I would 

 4   move to adjourn until Monday, May 23rd, at 

 5   3:00 p.m., intervening days being legislative 

 6   days.

 7                ACTING PRESIDENT MURPHY:   On 

 8   motion, the Senate stands adjourned until Monday, 

 9   May 23rd, at 3:00 p.m., intervening days being 

10   legislative days.

11                Thank you.  

12                (Whereupon, at 12:06 p.m., the 

13   Senate adjourned.)

14

15

16

17

18

19

20

21

22

23

24

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