Regular Session - March 13, 2017

                                                                   1008

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 13, 2017

11                     3:20 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  


                                                               1009

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask everyone in the chamber 

11   to please bow your head in a moment of silent 

12   reflection and prayer.  

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Sunday, 

18   March 12th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   March 11th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.  


                                                               1010

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports of state 

 6   officers.

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Would you 

10   please recognize Senator Gianaris.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Gianaris.

13                SENATOR GIANARIS:   Thank you, 

14   Mr. President.

15                I move that the following bill be 

16   discharged from its respective committee and be 

17   recommitted with instructions to strike the 

18   enacting clause:  Senate Bill 3495A, on behalf 

19   of Senator Bailey.

20                ACTING PRESIDENT GRIFFO:   It is so 

21   ordered.

22                SENATOR GIANARIS:   Also, I move 

23   the following bills be discharged from their 

24   respective committees and be recommitted with 

25   instructions to strike the enacting clause:  


                                                               1011

 1   Senate Bill 42 and Senate Bill 278, on behalf of 

 2   Senator Hoylman.

 3                ACTING PRESIDENT GRIFFO:   So 

 4   ordered.

 5                SENATOR GIANARIS:   And on behalf 

 6   of Senator Kaminsky, I move that the following 

 7   bill be discharged from its respective committee 

 8   and be recommitted with instructions to strike 

 9   the enacting clause:  Senate Bill 173.

10                ACTING PRESIDENT GRIFFO:   It is so 

11   ordered.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   Yes, can you 

14   take up the noncontroversial reading of the 

15   calendar, please.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   117, by Senator Ortt, Senate Print 875A, an act 

20   to amend the County Law.

21                SENATOR GIANARIS:   Lay it aside.

22                ACTING PRESIDENT GRIFFO:   Lay the 

23   bill aside.

24                THE SECRETARY:   Calendar Number 

25   156, by Senator Peralta, Senate Print 468, an 


                                                               1012

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 45.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   178, by Senator Ritchie, Senate Print 2898, an 

14   act to amend the Agriculture and Markets Law.

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, 48.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1013

 1   206, by Senator Golden, Senate Print 1666, an act 

 2   to amend the Multiple Dwellings 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   Hoylman to explain his vote.

12                SENATOR HOYLMAN:   Thank you, 

13   Mr. President.  I rise to oppose this bill.  

14                While I appreciate the intentions by 

15   the sponsors, I believe there is concern that we 

16   may be giving too much discretion to the New York 

17   City Department of Buildings.  

18                In particular, it's of concern for 

19   my district, where I have the Special Clinton 

20   District, the Special Hudson Yards District, and 

21   the Special West Chelsea District.  They were all 

22   created to preserve the existing housing stock 

23   and the character of these neighborhoods, but 

24   unfortunately, due to administrative mishaps, at 

25   various times the City Department of Buildings 


                                                               1014

 1   has again and again issued permits to demolish 

 2   residential buildings in these neighborhoods.  

 3                In 2016 alone, Mr. President, the 

 4   Buildings Department gave permission to demolish 

 5   13 buildings, which includes 104 apartments.  

 6   Three of those buildings -- three buildings -- 

 7   and 35 apartments were demolished illegally.  

 8                What can we do when a building is 

 9   demolished illegally?  What is the redress for 

10   the public at that point?  Well, very little.

11                So I urge my colleagues to rethink 

12   their position and vote against this bill, which 

13   I think gives too much discretion to the 

14   Buildings Department.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Hoylman to be recorded in the negative.  

18                I would ask all those voting in the 

19   negative to please raise your hands again.  

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 206, those recorded in the negative are 

23   Senators Alcantara, Avella, Bailey, Brooks, 

24   Comrie, Díaz, Hoylman, Klein, Krueger, Latimer, 

25   Montgomery, Parker, Peralta, Persaud, Rivera, 


                                                               1015

 1   Sanders, Savino, Serrano, Squadron, Stavisky and 

 2   Stewart-Cousins.  Also Senator Gianaris.  

 3                Ayes, 33.  Nays, 22.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   210, by Senator Young, Senate Print 3948, an act 

 8   to amend the Real Property Actions and 

 9   Proceedings Law.

10                ACTING PRESIDENT GRIFFO:   Can I 

11   have some order in the house, please.

12                Read the last section.

13                THE SECRETARY:   Section 3.  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, 55.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   217, by Senator Marcellino, Senate Print 1145, an 

23   act to amend the Vehicle and Traffic Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               1016

 1                THE SECRETARY:   Section 3.  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, 54.  Nays, 1.  

 7   Senator Hoylman recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   249, by Senator Ortt, Senate Print 737, an act to 

12   amend the General Business Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect on the first of September.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 55.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   292, by Senator Díaz, Senate Print 506, an act to 

25   amend the Banking Law.


                                                               1017

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 5.  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, 55.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator DeFrancisco, that completes 

12   the noncontroversial reading of today's 

13   active-list calendar.

14                SENATOR DeFRANCISCO:   Could you 

15   please take up the controversial calendar.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will ring the bell.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   117, by Senator Ortt, Senate Print 875A, an act 

21   to amend the County Law.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Gianaris, why do you rise?

24                SENATOR GIANARIS:   Mr. President, I 

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


                                                               1018

 1   that the reading of the amendment be waived and 

 2   that Senator Parker be heard on the amendment.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Gianaris, I have the amendment before me.  Upon 

 5   review, I rule that it is not germane to the bill 

 6   and therefore out of order.

 7                SENATOR GIANARIS:   Mr. President, I 

 8   appeal from the decision of the chair, and I ask 

 9   that Senator Parker be heard on the appeal.

10                ACTING PRESIDENT GRIFFO:   Your 

11   appeal is in order, and I recognize Senator 

12   Parker to be heard on the appeal.

13                SENATOR PARKER:   Thank you, 

14   Mr. President.

15                The underlying bill that 

16   Senator Ortt has introduced relates to the 

17   training programs for coroners.  But before we 

18   address this important topic, there's a much more 

19   critical education issue that we must fix, and 

20   that is Foundation Aid for public schools.  

21                In the Campaign for Fiscal Equity 

22   lawsuit case, the courts decided that the state 

23   constitutionally owed school districts additional 

24   funding to provide each student with a sound, 

25   basic education, defined as a meaningful high 


                                                               1019

 1   school education, one that prepares them to 

 2   function productively as civic participants.  

 3                In response, the state enacted 

 4   Foundation Aid in 2007, and this aid formula is 

 5   intended to provide a comprehensive, stable, and 

 6   equitable structure for state funding for a 

 7   four-year period.  However, Foundation Aid was 

 8   frozen two years after it was enacted, due to the 

 9   recession.  

10                School aid was further reduced by 

11   the Gap Elimination Adjustment, the GEA.  Paying 

12   off the Gap Elimination Adjustment became the 

13   priority of school funding increases.  And as a 

14   result, Foundation Aid remains significantly 

15   underfunded to this very moment.

16                Today, districts across the State of 

17   New York are owed approximately $4.3 billion 

18   throughout the full funding of Foundation Aid.  

19   Despite efforts to invest nearly a billion 

20   dollars over the last few years, of the 

21   $4.3 billion, 3.28 billion, or 76 percent, of 

22   Foundation Aid is owed to high-needs districts; 

23   $762 million is owed to average-needs districts; 

24   and $274 million is owed to low-needs districts.

25                It is critical that we increase 


                                                               1020

 1   investment to our highest-need districts in an 

 2   equitable fashion and begin moving with them 

 3   towards an adequate funding, something that they 

 4   were promised during the Campaign for Fiscal 

 5   Equity lawsuit.  This settlement is critically 

 6   important, and we must settle it now.  

 7                The amendment that we are 

 8   introducing today would follow the 

 9   recommendations of the New York State Board of 

10   Regents by fully phasing in Foundation Aid over 

11   three years, including $1.47 billion in new 

12   Foundation Aid for this year.  The Foundation Aid 

13   formula ensures a fair distribution of all 

14   resources to all of our schools and their 

15   students.

16                Fairly funding our school districts 

17   is a bipartisan issue.  This proposal was 

18   supported by members of the Senate majority in a 

19   letter written by Senator Tedisco in February, 

20   which notes that past failure to live up to the 

21   Foundation Aid commitment has left students in 

22   overcrowded classrooms with limited access to 

23   essential education programs and services.  

24                We must prioritize Foundation Aid 

25   inequity.  When we continuously underfund our 


                                                               1021

 1   school systems, we are sacrificing the economic 

 2   future of our state and, more importantly, 

 3   sacrificing our children and their futures in the 

 4   mix.

 5                Increasing the funding for 

 6   Foundation Aid by $4.3 billion over a three-year 

 7   period will begin to ensure a sound, basic 

 8   education, Mr. President, for all New York State 

 9   public school students.

10                Thank you.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Parker.

13                The vote will be a procedural vote 

14   on the ruling of the chair.  All in favor of 

15   overruling the ruling of the chair say aye.

16                SENATOR GIANARIS:   Show of hands, 

17   please.

18                ACTING PRESIDENT GRIFFO:   A show of 

19   hands has been requested and so ordered.

20                Announce the results.

21                THE SECRETARY:   Ayes, 21.

22                ACTING PRESIDENT GRIFFO:   The 

23   ruling of the chair is affirmed.

24                The bill is before the house.  

25                Read the last section.


                                                               1022

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 180th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

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

 7   Senators Croci, Funke and Gallivan recorded in 

 8   the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator DeFrancisco, that concludes 

12   the controversial reading of today's active-list 

13   calendar.

14                SENATOR DeFRANCISCO:   Is there any 

15   business at the desk?  

16                ACTING PRESIDENT GRIFFO:   One 

17   second, Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   And while 

19   you're checking that out, after we adjourn there 

20   will be an immediate meeting of the Health 

21   Committee in the Capitol, Room 124, immediately 

22   after the session.

23                ACTING PRESIDENT GRIFFO:    

24   Immediately after Senate session today, there 

25   will be a meeting of the Senate Health Committee 


                                                               1023

 1   in Room 124 of the Capitol.

 2                There is no further business before 

 3   the desk.

 4                SENATOR DeFRANCISCO:   That being 

 5   the case, I move to adjourn until Tuesday, 

 6   March 14th, at 3:00 p.m.

 7                ACTING PRESIDENT GRIFFO:   On 

 8   motion, the Senate will stand adjourned until 

 9   Tuesday, March 14th at 3:00 p.m. 

10                The Senate stands --

11                SENATOR DeFRANCISCO:   Excuse me.  

12   Excuse me one moment before you gavel out.

13                ACTING PRESIDENT GRIFFO:   Could I 

14   have order in the house, please.  

15                He's consulting with the 

16   meteorologist.  

17                (Laughter.)

18                ACTING PRESIDENT GRIFFO:   Shall the 

19   Senate stand temporarily at ease, Senator 

20   DeFrancisco?  

21                SENATOR DeFRANCISCO:   Just for a 

22   moment.

23                ACTING PRESIDENT GRIFFO:   The 

24   Senate will temporarily stand at ease.

25                SENATOR DeFRANCISCO:   As I was 


                                                               1024

 1   saying --

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   -- I move to 

 6   adjourn until Tuesday, March 14th, at 3:00 p.m.

 7                ACTING PRESIDENT GRIFFO:   On 

 8   motion, the Senate will stand adjourned until 

 9   Tuesday, March 14th, at 3:00 p.m. 

10                The Senate stands adjourned.

11                (Whereupon, at 3:38 p.m., the Senate 

12   adjourned.)

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