1533

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 31, 2017

11                     3:35 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  


                                                               1534

 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 to please bow 

11   their heads in a moment of silent reflection and 

12   prayer.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, 

18   Thursday, March 30th, the Senate met pursuant to 

19   adjournment.  The Journal of Wednesday, 

20   March 29th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               1535

 1                Messages from the Governor.

 2                Reports of standing committees.

 3                Reports of select committees.

 4                Communications and reports of state 

 5   officers.

 6                Motions and resolutions.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Yes, would 

 9   you please call on Senator Valesky.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Valesky.

12                SENATOR VALESKY:   Thank you, 

13   Mr. President.  

14                On behalf of Senator Avella, on 

15   page 22 I offer the following amendments to 

16   Calendar 391, Senate Bill 1576, and ask that 

17   said bill retain its place on the Third Reading 

18   Calendar.

19                ACTING PRESIDENT GRIFFO:   So 

20   ordered.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   Yes, can we 

23   now take up the reading of the noncontroversial 

24   calendar.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1536

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   351, by Senator Funke, Senate Print 3892, an act 

 4   to amend the Parks, Recreation and Historic 

 5   Preservation Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                SENATOR DeFRANCISCO:   Lay the bill 

 9   aside for the day, please.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   will be laid aside for the day.

12                THE SECRETARY:   Calendar Number 

13   358, by Senator Carlucci, Senate Print 4048, an 

14   act to amend the General Business 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                ACTING PRESIDENT GRIFFO:   Senator 

23   Carlucci to explain his vote.

24                SENATOR CARLUCCI:   Thank you, 

25   Mr. President.


                                                               1537

 1                This legislation will strengthen 

 2   New York's laws to protect consumers.  What we 

 3   will be doing here is preventing itinerant 

 4   vendors from selling products like baby formula 

 5   and over-the-counter medications.  Unfortunately, 

 6   those products we've seen be some of the 

 7   highest-targeted from theft organizations.  So 

 8   not only are they stealing these products, but 

 9   they're also counterfeiting them.  

10                We know that over one-third of 

11   infants in New York State receive formula, so 

12   we've got to make sure that that formula is what 

13   it says it's supposed to be.  

14                This legislation will help us to 

15   protect and make sure that the formula that young 

16   infants are getting is appropriate, and make sure 

17   that they are kept safe and healthy.  So, 

18   Mr. President, this legislation would ban 

19   itinerant vendors from selling those products, 

20   cut down on the theft of these products, and also 

21   keep consumers safe.  

22                So I'll be voting in the 

23   affirmative.  Thank you, Mr. President.  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Carlucci in the affirmative.


                                                               1538

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 50.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   364, by Senator Marcellino, Senate Print 1692, an 

 7   act to amend the Education 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, 50.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   427, by Senator Little, Senate Print 2414, 

20   Concurrent Resolution of the Senate and Assembly.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll on the resolution.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Little to explain her vote.


                                                               1539

 1                SENATOR LITTLE:   Thank you, 

 2   Mr. President.

 3                This bill is second passage of a 

 4   proposed constitutional amendment which passed 

 5   this body last year.  And as a result of passage 

 6   today and then passage in the Assembly, it will 

 7   be before the voters in November.

 8                Unlike some of my bills, this bill 

 9   has the support of the Adirondack Mountain Club, 

10   The Nature Conservancy, and the Adirondack 

11   Council.  It's a really good bill for the 

12   Adirondack Park.  It's the result of multiple 

13   hours of meetings with the town representatives, 

14   county representatives, the Adirondack 

15   environmental groups, to say that we don't need 

16   to do a constitutional amendment for everything 

17   that we try to do in the Park.  

18                As you know, I have sponsored -- 

19   this is my sixth constitutional amendment I have 

20   sponsored since I've been here.  We had to do one 

21   for a cemetery expansion, Township 40, to do a 

22   well in Raquette Lake, utility lines, and other 

23   things.

24                This will allow for the proper use 

25   of the Forest Preserve and have a land bank which 


                                                               1540

 1   would be used, when necessary, for major projects 

 2   within the Adirondack Park.  It also will allow 

 3   for the use of the right-of-way along roads 

 4   within the Adirondack Park for the purpose of 

 5   having any kind of water lines, road and utility 

 6   projects.  Any kind of broadband could be 

 7   along -- if it has to go across Forest 

 8   Preserve -- within the right-of-way of a road, as 

 9   well as bicycle paths.  

10                There will be 250 acres.  This is 

11   out of a 6 million acre park, 3 million acres 

12   owned by the state.  We're talking about 

13   250 acres being available for such important 

14   things where there would be actual land 

15   alienation for the elimination of bridge hazards, 

16   relocation reconstruction, maintenance of 

17   existing town and county highways.  

18                There is a DOT land bank that's been 

19   in existence for a number of years throughout the 

20   state that can be used, but that's only on state 

21   roads.  This would allow this on town and county 

22   roads within the park; public water supply 

23   projects, when necessary, to meet drinking water 

24   standards; public utility lines -- and it would 

25   exclude, there would not be allowed any natural 


                                                               1541

 1   gas or oil pipelines; the construction of bike 

 2   paths within the right-of-way of the road.

 3                So it's a good bill.  I appreciate 

 4   your support.  And I look forward to it being on 

 5   the ballot this November and hopefully have your 

 6   support at that time.

 7                Thank you.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Little in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT GRIFFO:   The 

13   resolution is adopted.

14                And Senator DeFrancisco, that 

15   completes the noncontroversial reading of today's 

16   active list.

17                SENATOR DeFRANCISCO:   Is there any 

18   further business at the desk?  

19                ACTING PRESIDENT GRIFFO:   There is 

20   no further business before the desk.

21                SENATOR DeFRANCISCO:   That being 

22   the case, I move to adjourn to a time to be 

23   announced by the Temporary President of the 

24   Senate.  

25                His belief, strongly, was rather 


                                                               1542

 1   than sitting around as the final touches are 

 2   being made on the budget while we get bills 

 3   printed, and so we don't have to do an 

 4   all-nighter, that we leave at -- at least we 

 5   adjourn at the call of the leader.  And as soon 

 6   as everything is buttoned up and we can do the 

 7   bills actually on a logical and hopefully during 

 8   the daylight time frame, we'll be back here and 

 9   give everyone plenty of knowledge to do that.

10                I know many of us will be staying 

11   here who are still working on various parts of 

12   the budget.  But rather than everyone sitting 

13   around, that was the determination by the 

14   Temporary President.

15                ACTING PRESIDENT GRIFFO:   So on 

16   motion, the Senate will stand adjourned subject 

17   to the call of the Temporary President.

18                The Senate stands adjourned.

19                (Whereupon, at 3:43 p.m., the Senate 

20   adjourned.)

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