Regular Session - April 25, 2017

                                                                   2059

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 25, 2017

11                     3:13 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  


                                                               2060

 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 everyone present to please 

 5   rise 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, Monday, 

18   April 24th, the Senate met pursuant to 

19   adjournment.  The Journal of Sunday, April 23rd, 

20   was read and approved.  On motion, Senate 

21   adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               2061

 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:   Yes, 

10   Mr. President, I move that Senate Bill Number 

11   2510, by Senator Helming, be discharged from its 

12   respective committee and be recommitted with 

13   instructions to strike the enacting clause.

14                ACTING PRESIDENT GRIFFO:   It is so 

15   ordered.

16                SENATOR DeFRANCISCO:   I move to 

17   adopt the Resolution Calendar, with the 

18   exception of Resolutions 1529, 1502, and 1469.

19                ACTING PRESIDENT GRIFFO:   Upon 

20   motion, all in the chamber in favor of adopting 

21   the Resolution Calendar, with the exception of 

22   Resolutions 1529, 1502, and 1469, signify by 

23   saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed?  


                                                               2062

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Resolution Calendar is adopted as indicated.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Could you 

 6   now please take up Resolution 1181, by Senator 

 7   Seward, read it in its entirety, and call on 

 8   Senator Seward to speak.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 1181, by Senator Seward, 

13   congratulating the Moravia High School Boys        

14   Varsity Basketball Team and Coach Todd Mulvaney 

15   upon the occasion of capturing the New York 

16   State Public High School Athletic Association 

17   Class C Championship.  

18                "WHEREAS, Individual and team 

19   championships are highly sought after in high 

20   school sports; this Legislative Body commends 

21   rare athletic achievements and pays special 

22   recognition to those who pursue such excellence 

23   and become examples for the youth of this great 

24   Empire State; and 

25                "WHEREAS, Athletic competition 


                                                               2063

 1   helps to enhance both the moral and physical 

 2   development of young athletes, preparing them for 

 3   the future by instilling in them the importance 

 4   of teamwork, encouraging a standard of healthy 

 5   living, and developing a sense of fair play and 

 6   competition; and 

 7                "WHEREAS, This Legislative Body is 

 8   justly proud to congratulate the Moravia High 

 9   School Boys Varsity Basketball Team and 

10   Coach Todd Mulvaney upon the occasion of 

11   capturing the New York State Public High School 

12   Athletic Association Class C Championship; and 

13                "WHEREAS, To the praise and applause 

14   of their excited fans, the Blue Devils claimed 

15   the state title with one of their most dominating 

16   performances of the season, defeating Lake George 

17   High School 54-39 in the New York State Public 

18   High School Athletic Association Championship on 

19   Saturday, March 18, 2017, at the Floyd L. Maines 

20   Memorial Arena in Binghamton, New York; and 

21                "WHEREAS, Proudly donning the  

22   school's colors of gray and blue, family, 

23   friends, and the community at large loyally and 

24   enthusiastically supported the Blue Devils 

25   throughout their journey as they ended their 


                                                               2064

 1   season with the first New York State Class C 

 2   championship in the school's history; and 

 3                "WHEREAS, In a sport such as 

 4   basketball, which demands athletic prowess, speed 

 5   and agility, Head Coach Todd Mulvaney and his 

 6   expert coaching staff worked hard to hone the 

 7   skills of this championship team, teaching these 

 8   outstanding athletes lessons which will prove 

 9   invaluable both on and off the court; and 

10                "WHEREAS, The team's success is a 

11   testament to the outstanding commitment of the 

12   players and coaches, along with the unwavering 

13   support of family, fans, friends and the Moravia 

14   community at large; and 

15                "WHEREAS, The Moravia Boys 

16   Basketball Team has also demonstrated excellence 

17   in the classroom, receiving the New York State 

18   Public High School Athletic Association 

19   Scholar-Athlete Team Award for the 2017 winter 

20   season and living up to the definition of true 

21   student-athletes; and 

22                "WHEREAS, Coach Todd Mulvaney and 

23   all of the outstanding athletes on the Moravia 

24   High School Boys Varsity Basketball Team have 

25   clearly utilized dedication, determination and 


                                                               2065

 1   teamwork in providing a lasting contribution to 

 2   the spirit of excellence which is a tradition of 

 3   their school; now, therefore, be it 

 4                "RESOLVED, That this Legislative 

 5   Body pause in its deliberations to congratulate 

 6   the members of the Moravia High School Boys 

 7   Varsity Basketball Team:  Scottie Sovocool,  

 8   Carter Flick, Zack Becker, Zach Stanton, 

 9   Jack Fedrizzi, Kaleb Stayton, Jordan Crossgrove, 

10   Kaden Hooper, Lin Wei Chen, Austin Kulas, Parker 

11   Dickenson, Dustin Mondics, Gavin Genson, Gabe 

12   Short, Brady Knutson and Joey Ettinger; Head 

13   Coach Todd Mulvaney, and Assistant Coaches Brian 

14   Jackson and Joey Volpicelli, on their outstanding 

15   season and overall team record; and be it further 

16                "RESOLVED, That copies of this 

17   resolution, suitably engrossed, be transmitted to 

18   the members of the Moravia High School Boys 

19   Varsity Basketball Team, Head Coach Todd 

20   Mulvaney, and Assistant Coaches Brian Jackson and 

21   Joey Volpicelli."

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Seward.

24                SENATOR SEWARD:   Thank you, 

25   Mr. President.  


                                                               2066

 1                I am extremely pleased and proud to 

 2   welcome to the State Capitol and to this chamber 

 3   the Moravia Blue Devils, the 2017 New York State 

 4   High School Class C boys basketball champions.  

 5   This team is made up of some real trailblazers, 

 6   because they are the very first state 

 7   championship in any sport to come from the 

 8   Moravia Central School.  

 9                You know, this winter they put 

10   together a very dominant 22-and-4 season that 

11   concluded with a 54-to-39 win over Lake George to 

12   capture the state championship.  Now, my 

13   apologies to my seatmate and colleague Senator 

14   Betty Little, who represents Lake George.

15                This team, the Moravia Blue Devils, 

16   had a goal and they worked hard and they worked 

17   together to achieve it.  Of course the boys were 

18   never alone in their journey.  Constant guidance 

19   from their coaches, the loving encouragement of 

20   family members and others, and of course the 

21   enthusiastic support of the entire Moravia 

22   community, which is a close-knit community -- 

23   they also must be recognized.

24                And accompanying the team today, I'm 

25   delighted to acknowledge the school 


                                                               2067

 1   superintendent, John Birmingham; the athletic 

 2   director, Mike Anderson; the head coach, Todd 

 3   Mulvaney; assistant coach, Brian Jackson; and 

 4   scorekeeper, Doug Hults.

 5                You know, along with the success of 

 6   the basketball team on the court, these boys have 

 7   also excelled in the classroom.  They were 

 8   recently named a New York State Public High 

 9   School Athletic Association Scholar-Athlete Team.  

10   Truly they epitomize the term student-athlete.

11                You know, my colleagues, sports 

12   stories often make some great movies, and if 

13   there are any Hollywood scriptwriters out there, 

14   I would encourage them to take a look at this 

15   Moravia Boys Basketball Team.  You've got a small 

16   town emotionally invested in every win and every 

17   loss; a fiery young head basketball coach in Todd 

18   Mulvaney, trying to take his own high school alma 

19   mater right to the promised land of a state 

20   championship -- and indeed he did that this year.  

21   And you also have a real-life inspiration in 

22   senior Dustin Mondics.  

23                Just as the season began, Dustin was 

24   involved in a near-fatal auto accident.  

25   Volunteers from the Moravia Fire Department were 


                                                               2068

 1   called to the scene of the crash and worked 

 2   feverishly to extricate this young man from his 

 3   vehicle.  He was then air-lifted to Upstate 

 4   University Hospital in Syracuse in critical 

 5   condition.

 6                Fortunately, Dustin, just like his 

 7   Blue Devil teammates, is a fighter.  With his 

 8   teammates and the entire community pulling for 

 9   him, he began the long journey back to recovery.  

10   Eventually he was well enough to visit the 

11   Moravia Fire Department and to thank personally 

12   the men and women who saved his life.  And he was 

13   on the bench when his teammates captured this 

14   state title.  And he is here with us in the 

15   chamber today.

16                The Moravia 2017 Blue Devils are 

17   champions both on and off the court.  So my 

18   congratulations on behalf of all those I'm 

19   privileged to represent in Cayuga County and 

20   across my district.  My hearty congratulations to 

21   this great team.  And now, with the passage of 

22   this resolution, the entire State Senate, 

23   representing all the people of the State of 

24   New York, also congratulate this great team.

25                Thank you, Mr. President.


                                                               2069

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Seward.

 3                The resolution was previously 

 4   adopted on March 28th of 2017.

 5                And Senator Seward has opened the 

 6   resolution for cosponsorship.  Should you choose 

 7   to be a cosponsor, please notify the desk.

 8                On behalf of all of the Senate, we 

 9   want to extend our congratulations.  We've heard 

10   from Senator Seward a series of amazing 

11   individual experiences that make for a great team 

12   story.  So to the coaches, to the athletes, to 

13   the staff members who are all here from Moravia, 

14   we congratulate you.  We extend our best wishes 

15   and the courtesies and privileges of the Senate.  

16                Please stand and be recognized.

17                (Standing ovation.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, could we 

21   now take up Resolution Number 1469, by 

22   Senator Funke, read the title only, and call on 

23   Senator Funke to speak.

24                ACTING PRESIDENT GRIFFO:   The 

25   Secretary will read.


                                                               2070

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 1469, by Senator Funke, 

 3   congratulating the Irondequoit Boys Basketball 

 4   Team and Head Coach Chris Cardon upon the 

 5   occasion of capturing the New York State Public 

 6   High School Athletic Association Class A Boys 

 7   Basketball Championship.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Funke.

10                SENATOR FUNKE:   Thank you, 

11   Mr. President.

12                I just wanted to take a moment to 

13   congratulate Chris Cardon and the Irondequoit 

14   High School Basketball Team on winning their very 

15   first Class A state basketball title, defeating 

16   Our Lady of Lourdes High School last month -- 

17   sorry, Senator Serino.  

18                They were here earlier today, but -- 

19   the Irondequoit team had hoped to be in the 

20   gallery with the Moravia team, but they're going 

21   back for an Honor Society induction tonight, 

22   which speaks volumes about the makeup of this 

23   team as well.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Funke, one second, please.  


                                                               2071

 1                May I have some order in the 

 2   chamber, please.  I know there are a number of 

 3   members working with staff, but if you could 

 4   please take the conversation outside the chamber.  

 5   Thank you.  

 6                Senator Funke.

 7                SENATOR FUNKE:   Thank you, 

 8   Mr. President.  

 9                Real quick, sports teaches us so 

10   many things about life, about teamwork, about 

11   work ethic, about dedication and about love for 

12   your school, love for your community, and love 

13   for your teammates.  

14                And years from now, this team from 

15   Irondequoit and the one that Senator Seward spoke 

16   about from Moravia will look back upon what they 

17   did and what they went through.  And perhaps the 

18   adversities that they face years from now as 

19   parents, as businessmen, or whatever path that 

20   they choose, they'll remember how all of this 

21   came together in that special year on that 

22   special day in Binghamton, New York.  

23                They'll remember that it wasn't 

24   easy, they'll remember that life isn't easy.  But 

25   if you pull up your socks and you get after it, 


                                                               2072

 1   good things will happen.  It's a reminder for all 

 2   of us in this chamber about how we go about our 

 3   daily business each and every session.

 4                So congratulations again to 

 5   Irondequoit High.  The eagle soared high this 

 6   season and made memories for a lifetime.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Funke.

10                Senator Golden.

11                SENATOR GOLDEN:   I too rise to 

12   congratulate our high schools from across the 

13   state for the great work that they've done, not 

14   only in their education but in their sports as 

15   well.  Their athletic divisions in these schools 

16   are outstanding.  

17                But I'd also like to point out a 

18   great school from Brooklyn that's here today, 

19   Xaverian High School that is here.  And they play 

20   on a number of different teams, and it's one of 

21   our greatest high schools, parochial schools in 

22   the City of New York.  

23                But they're here on a different 

24   mission today.  They're here going on tours 

25   throughout this great, great Capitol, and they 


                                                               2073

 1   are the Young Republicans Club at Xaverian High 

 2   School.  And I want to thank them for being 

 3   committed to their community, to their families, 

 4   and to this great school, Xaverian High School.  

 5                Marianne Teta, the teacher up there, 

 6   I want to thank you for bringing this great, 

 7   great class to us today, and thank you all for 

 8   coming out.  

 9                Please give all of our high schools 

10   a round of applause, my colleagues here, for all 

11   of the great work that they do, and help them to 

12   make sure they achieve their goals.

13                ACTING PRESIDENT GRIFFO:    We 

14   welcome Senator Golden's guests.  Congratulations 

15   and thanks for being here.  We extend the 

16   privileges of the house to you.  

17                Please, everyone who is exiting the 

18   chamber, do so in an orderly manner.  

19                I now have to take the vote on 

20   Resolution 1469 congratulating the Irondequoit 

21   Boys Team.  All those in favor signify by saying 

22   aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:   Opposed?  

25                (No response.)


                                                               2074

 1                ACTING PRESIDENT GRIFFO:   The 

 2   resolution is adopted.

 3                Senator Funke has indicated the 

 4   state championship team was here earlier and had 

 5   an opportunity to visit the Senator in the 

 6   Capitol.  And he is offering the resolution up 

 7   for cosponsorship.  Should you choose to be a 

 8   cosponsor, please notify the desk.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes.  Can we 

11   now take up previously adopted Resolution 513, by 

12   Senators Hannon and Flanagan, read the title 

13   only, and call on Senator Flanagan and then 

14   Senator Hannon to speak.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.  

17                But before that, again, I'm going to 

18   ask that we have some order in the chamber, 

19   please.  If you're visiting, we need you to 

20   remain silent as you observe.  And I'd ask any 

21   conversations on the floor to be taken outside 

22   the chamber.  

23                The Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 513, by Senator Hannon, 


                                                               2075

 1   memorializing Governor Andrew M. Cuomo to 

 2   proclaim April 2017 as Organ and Tissue Donor 

 3   Awareness Month in the State of New York, in 

 4   conjunction with the observance of National 

 5   Donate Life Month.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Flanagan.

 8                SENATOR FLANAGAN:   Thank you, 

 9   Mr. President.

10                I want to thank you and all the 

11   members, and I want to thank Senator Hannon in 

12   particular for his advocacy and his tireless 

13   efforts in this area.  

14                And I am -- as usual, I'm going to 

15   be repetitive.  I'm going to keep talking about 

16   this until we keep doing it better.  And we are 

17   incrementally doing it better, whether it's 

18   budgetary items, financing of programs here in 

19   the State of New York, getting programs up and 

20   running -- and frankly, most importantly, 

21   creating awareness.  

22                Now, you all know I have invoked his 

23   name before; I'm going to do it again now.  I 

24   actually probably, just because of the fact that 

25   it may be close to worn out, I may have to get a 


                                                               2076

 1   new green bracelet.  And I wear this in memory of 

 2   our good friend and our former colleague Jim 

 3   Conte.  It's hard to believe it's over four years 

 4   since Jim passed away, but in reality he had a 

 5   wonderful life -- not without its challenges, 

 6   obviously, but he had a wonderful life because 

 7   two people were able to donate kidneys to him.  

 8                So that is something that we should 

 9   all be focusing on.  And one of the things that I 

10   think we can do as members, just starting with 

11   our own staff, when we do public awareness.  Any 

12   community events you're having, whether it's Shed 

13   the Meds or recycling, whatever it may be, you 

14   can have this type of stuff out there.  

15                And as I've always said, you're not 

16   going to somebody -- it's not like I'm going to 

17   Senator Carlucci and saying, "I need a thousand 

18   dollars."  You know, "This is going to cost you a 

19   thousand dollars."  This is something you can do.

20                And I'll just close on this.  I hope 

21   that we keep making strides.  And this is 

22   probably the coolest thing you could conceivably 

23   do because you can actually save another human 

24   being's life.

25                Mr. President, thank you.


                                                               2077

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Flanagan.

 3                Senator Hannon.

 4                SENATOR HANNON:   Thank you.  Thank 

 5   you, Mr. President.

 6                One of the things we did in the 

 7   Health Committee today -- and we will be sending 

 8   out the same forms to every member of this 

 9   house -- is a form to sign up for the Organ 

10   Donation Registry in the state, which hopefully 

11   the state will stop dragging its feet on and have 

12   come live very shortly.

13                But that alone will enlarge the 

14   number of potential donors that are known and 

15   hopefully therefore enlarge the actual number of 

16   donations that will take place in this state.  

17   And the best place to do that is right here in 

18   the State Senate.  And we can broaden that to our 

19   staffs and to the other house and other members 

20   of government.

21                We have done a number of different 

22   things and continue to do more under the spur of 

23   Senator Flanagan.  Today out of the Finance 

24   Committee meeting was reported the Living Donor 

25   Protection Act of 2017.  Another one was in 


                                                               2078

 1   regard to a potential tax credit for a living 

 2   donation.  And we've done a couple of bills last 

 3   year to expand the universe of this.

 4                But it is the act of a human being 

 5   to help a fellow human being that is the simplest 

 6   thing to do, and we should all be doing that.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Hannon.

10                Senator Carlucci.

11                SENATOR CARLUCCI:   Thank you, 

12   Mr. President.  

13                And I want to thank Senator Hannon 

14   and Senator Flanagan for really leading on this 

15   issue.  To proclaim April as Organ Donation 

16   Awareness Month is extremely important because in 

17   New York, unfortunately, we lag behind almost 

18   every state in the nation when it comes to 

19   eligible people participating in the organ donor 

20   program.  

21                What that means is right now as we 

22   sit here, there's over 10,000 men, women and 

23   children currently waiting for a lifesaving organ 

24   transplant.  And we've made some increases in 

25   that, some strides.  We passed Lauren's Law a few 


                                                               2079

 1   years back, thanks to the members here in the 

 2   chamber, which increased the amount of people 

 3   enrolling at the DMV to be an organ donor.  

 4   Thanks to Senator Hannon's bill, this Valentine's 

 5   Day was the first time that 16- and 17-year-olds 

 6   could enroll as an organ donor.  This is going to 

 7   make a big difference.  

 8                But most importantly is the 

 9   awareness.  You know, we could pass all the laws 

10   and have all the incentives, but if we don't make 

11   that connection and talk to people about what 

12   this really means and get rid of the stigma 

13   attached and talk about the truth and what this 

14   really means -- at the end of the day, we are 

15   going to save people's lives.  This is something 

16   that we can truly make a difference on, working 

17   together.  That's why we've got to continue to 

18   push this forward.  

19                And I enthusiastically support this 

20   resolution.  And let's talk about it.  Let's make 

21   sure that people are bringing this up, to be 

22   cognizant of the fact that just by signing that 

23   document, by being an organ donor, they can save 

24   someone's life.  

25                Thank you, Mr. President.


                                                               2080

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Marcellino.

 3                SENATOR MARCELLINO:   Mr. President, 

 4   when you go to get your driver's license renewed, 

 5   you get a form to fill out.  On the form is a box 

 6   that you can check off, and it says you wish to 

 7   be an organ donor.  And they will place a heart 

 8   on your driver's license, on your New York State 

 9   driver's license, which will identify you as 

10   someone who is willing to donate an organ to help 

11   save another life.

12                So I would suggest and recommend, 

13   when these things come due, go out, check that 

14   box and make sure you get the heart on your 

15   driver's license and people will know that you're 

16   someone willing to do just that, help preserve 

17   and protect another life.

18                Thank you.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator Marcellino.

21                As indicated, the resolution was 

22   adopted on February 7, 2017.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Could we now 

25   take up previously adopted Resolution 1003, by 


                                                               2081

 1   Senator Little, read the title only, and call on 

 2   Senator Little.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 1003, by Senator Little,  

 7   memorializing Governor Andrew M. Cuomo to 

 8   proclaim March 12 through 18, 2017, as Girl Scout 

 9   Week in the State of New York.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Little.

12                SENATOR LITTLE:   Thank you, 

13   Mr. President.

14                Well, it's no longer March; we're 

15   now almost into May.  But today many of us are 

16   being shadowed by young Girl Scouts who are here 

17   to find out more about what we do in our 

18   legislative sessions and how government in 

19   New York State works.

20                The Girl Scouts are a wonderful 

21   organization.  I know many of the women here have 

22   belonged to Girl Scouts, as I did as a youngster.  

23   I noticed in our Resolution Calendar we have many 

24   young men in scouting receiving the Eagle Award.  

25   I also noticed Senator Marcellino has seven young 


                                                               2082

 1   women who are receiving the highest rank in 

 2   Girl Scouting, the Gold Award.

 3                So today as we think about 

 4   Girl Scouts, we thank all of those leaders and 

 5   volunteers who take the time to work with young 

 6   women, because in Girl Scouts they learn so 

 7   much -- getting badges, attending meetings, but 

 8   really getting leadership training that they will 

 9   have in their lifetime.  They also learn about 

10   community service, perform community service, and 

11   that too becomes a part of their future lifetime.

12                They learn about healthy living, 

13   history, and as a result of our suffragette year, 

14   our 100th anniversary of women getting the right 

15   to vote in New York State, they have a new badge 

16   that they can receive in learning about the 

17   history of the women who fought for and won the 

18   right for women to vote.

19                I'm honored to have my young woman 

20   with me today, Tamaya Reid {ph}, who is from Troy 

21   and attends a charter school in Troy, New York.  

22   And I know that many others have others here with 

23   them.  Tamaya is in eighth grade and is 

24   particularly interested in leadership and how she 

25   herself can advance to a leadership position as a 


                                                               2083

 1   young woman.

 2                So I am very grateful to the 

 3   Girl Scout organization and to all of those who 

 4   participate in it.

 5                So thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Little.  We welcome Miss Reid here.  

 8                And as indicated, this was 

 9   previously adopted on the Ides of March, 

10   March 15, 2017.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   Yes, can we 

13   now take up Senator Akshar's resolution, 

14   Number 1529, read the title only, and call on 

15   Senator Akshar, please.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 1529, by Senator Akshar, 

20   honoring Arthur Johnson upon the occasion of his 

21   retirement after many years of distinguished 

22   service as Broome County Social Services and 

23   Mental Health Commissioner.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Akshar.


                                                               2084

 1                SENATOR AKSHAR:   Mr. President, 

 2   thank you for your indulgence.  

 3                I'm proud to stand here today to 

 4   honor a man who has truly exemplified the 

 5   long-standing Southern Tier tradition of service 

 6   over self.  Mr. Arthur Johnson, the commissioner 

 7   of social services and mental health, is retiring 

 8   after 18 years in that particular position.  

 9                He has had over 40 years of service 

10   in the human services field.  He is known as both 

11   a respected and professional advocate for the 

12   mental health community and has been actively 

13   involved in numerous leadership positions in many 

14   important organizations throughout the Broome 

15   County community, like the Broome County Criminal 

16   Justice Advisory Board, the Broome County Family 

17   Violence Prevention Council, and Broome County's 

18   Homeless Coalition, and many more.  

19                Throughout his long career, he has 

20   had an opportunity to serve as a substance abuse 

21   treatment specialist.  Mr. Johnson has dedicated 

22   his time to helping those who are both suffering 

23   and recovering from a substance abuse disorder.  

24                And many of you know in this 

25   chamber, because we work so hard at it, that 


                                                               2085

 1   substance abuse issues are not only an issue in 

 2   Broome County but the epidemic is no stranger to 

 3   all of our districts throughout this great state.  

 4   And Art has been committed to ensuring our 

 5   residents in Broome County have access to 

 6   treatment and the services that they need.  And 

 7   if he hadn't been doing those, I would 

 8   respectfully offer that we would be in a much 

 9   worse place than we currently are.  

10                So today I simply want to thank Art 

11   for his hard work and his dedication to our 

12   community and the Southern Tier and wish he and 

13   his wife Nancy much happiness in their 

14   retirement.

15                Thank you, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Akshar.

18                The question is on the resolution. 

19   All in favor signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?  

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   The 

24   resolution is adopted.

25                Senator Akshar has offered the 


                                                               2086

 1   resolution for cosponsorship.  Should you choose 

 2   to be a cosponsor, please notify the desk.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Can you now 

 5   take up Resolution 1502, by Senator Croci, read 

 6   the title only, and call on the Senator to speak.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Legislative 

10   Resolution Number 1502, by Senator Croci, 

11   commemorating the 100th anniversary of the 

12   United States' entrance into World War I on 

13   April 2, 2017.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Croci.

16                SENATOR CROCI:   Thank you, 

17   Mr. President.

18                When you look up into the gallery of 

19   the Senate, normally when we honor a group of 

20   individuals we look up and we get the opportunity 

21   to have them receive that honor and they're 

22   seated in our gallery.

23                As you'll notice today, the gallery 

24   is empty because the generation of warriors that 

25   we are honoring is long since gone.  That is our 


                                                               2087

 1   World War I generation.

 2                World War I began for the 

 3   United States, our involvement in the war, on 

 4   April 2nd of 1917.  And we're celebrating this 

 5   year the 100th anniversary of the United States' 

 6   entrance into World War I.

 7                New York sent over 500,000 young men 

 8   to war during that period and lost close to 

 9   14,000 in World War I.  Some of the famous 

10   New York regiments that fought:  The 

11   all-African-American 369th Infantry Regiment, 

12   known as the "Harlem Hellfighters."  That was 

13   their nickname.  The infamous Lost Battalion was 

14   part of the 77th Liberty Division.  The famous 

15   Fighting Irish Rainbow Division.  A lot of 

16   storied units that are now legend in our 

17   National Guard are part of the great effort that 

18   this country entertained in our efforts to defeat 

19   Germany in World War I.  

20                And one of the greatest lessons is 

21   since the American Revolution, New Yorkers 

22   continue to send off their sons and daughters to 

23   fight in war.  World War I was supposed to be 

24   "the war to end all wars."  Unfortunately, human 

25   nature has not evolved past that, Mr. President.  


                                                               2088

 1                But we take a moment to honor a 

 2   great generation that probably never left their 

 3   hometown before they went off to Europe to fight 

 4   the Great War.  We honor them today, and their 

 5   families and their legacies, and that of the 

 6   state and its participation in this great 

 7   conflict.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Senator Croci.

11                The question is on the resolution. 

12   All in favor signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT GRIFFO:   Opposed?  

15                (No response.)

16                ACTING PRESIDENT GRIFFO:   The 

17   resolution is adopted.

18                And Senator Croci has offered the 

19   resolution for cosponsorship.  Should you choose 

20   to be a cosponsor, please notify the desk.

21                Senator DeFrancisco, that completes 

22   the resolutions before the desk.

23                SENATOR DeFRANCISCO:   Can we now 

24   take up the noncontroversial reading of the 

25   calendar.


                                                               2089

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 85, 

 4   by Senator DeFrancisco, Senate Print 241, an act 

 5   to amend the --

 6                SENATOR DeFRANCISCO:   Lay the bill 

 7   aside for the day, please.  

 8                ACTING PRESIDENT GRIFFO:   Lay the 

 9   bill aside for the day.  

10                THE SECRETARY:   Calendar Number 

11   119, by Senator Marcellino, Senate Print 1134A, 

12   an act authorizing.

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, 58.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   191, by Senator Serino, Senate Print 2167, an act 

25   to amend the Family Court Act.


                                                               2090

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 12.  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, 58.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   229, by Senator Carlucci, Senate Print 1773, an 

13   act to amend the 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   Carlucci to explain his vote.

23                SENATOR CARLUCCI:   Thank you, 

24   Mr. President.  

25                I want to thank my colleagues for 


                                                               2091

 1   supporting this legislation.  This is an effort 

 2   to really crack down on some unscrupulous 

 3   landlords to make sure that the codes that are on 

 4   the books to protect children, protect families, 

 5   to make sure that the structures in which they're 

 6   living and which they're visiting are safe and 

 7   secure.

 8                Unfortunately, what we have right 

 9   now in New York State is a system where you could 

10   be an unscrupulous landlord, be in violation of 

11   the code, and all you're doing is getting hit 

12   with one fine after another, they build up, with 

13   no intention to pay.  

14                What this legislation does is puts 

15   some teeth and gives our municipalities the 

16   ability to levy the violation that's on that -- 

17   against that code violation, and put it on the 

18   tax levy, giving them a whole multitude of tools 

19   to enforce the code and make sure that everyone 

20   is playing by the rules, and also that 

21   municipalities can collect the revenue that's 

22   rightly due to them.  

23                So at the end of the day, this is 

24   about making sure there's integrity in the local 

25   codes for municipalities around the state, and 


                                                               2092

 1   keeping our families, our children, and anybody 

 2   in these structures safe.  

 3                So I enthusiastically support this 

 4   legislation and want to thank my colleagues for 

 5   doing the same.  

 6                Thank you, Mr. President.  

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Carlucci to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   256, by Senator Griffo, Senate Print 1229, an act 

15   to amend the Legislative Law.

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                ACTING PRESIDENT GRIFFO:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               2093

 1   Calendar 256, those recorded in the negative are 

 2   Senators Alcantara, Díaz, Dilan, Hoylman, 

 3   Montgomery, Persaud, Rivera, Savino and Squadron.

 4                Ayes, 49.  Nays, 9.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   281, by Senator Robach, Senate Print 4304, an act 

 9   to amend the Alcoholic Beverage Control 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:   Ayes, 58.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   282, by Senator Dilan, Senate Print 4399, an act 

22   to amend the Alcoholic Beverage Control Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2094

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   287, by Senator Bonacic, Senate Print 2058, an 

10   act to amend the Civil Practice Law and Rules.

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, 58.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   297, by Senator LaValle, Senate Print 2060, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2095

 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                ACTING PRESIDENT GRIFFO:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 297, those recorded in the negative are 

10   Senators Avella, Comrie, Dilan, Gianaris, 

11   Hamilton, Hoylman, Montgomery, Peralta, Persaud, 

12   Rivera, Serrano, Squadron and Stavisky.  Also 

13   Senator Alcantara.  Also Senator Díaz.

14                Ayes, 43.  Nays, 15.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   322, by Senator Funke, Senate Print 839, an act 

19   to amend the Agriculture and Markets Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2096

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   323, by Senator Avella, Senate Print 1509, an act 

 7   to amend the Agriculture and Markets Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                SENATOR VALESKY:   Lay it aside for 

11   the day, please.   

12                ACTING PRESIDENT GRIFFO:   Lay the 

13   bill aside for the day.

14                THE SECRETARY:   Calendar Number 

15   326, by Senator Ritchie, Senate Print 3921, an 

16   act to amend the Agriculture and Markets Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  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, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2097

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   360, by Senator Valesky, Senate Print 4361, an 

 4   act to amend the General Business Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  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, 58.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   389, by Senator Hannon, Senate Print 4633, an act 

17   to amend the Public Health Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 5.  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, 58.


                                                               2098

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   398, by Senator Lanza, Senate Print 3310, an act 

 5   to amend the Tax Law.

 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, 58.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   418, by Senator Little, Senate Print 5141, an act 

18   to amend the Private Housing Finance Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.

22                SENATOR DeFRANCISCO:   Lay it aside 

23   for the day, please.

24                ACTING PRESIDENT GRIFFO:   Lay it 

25   aside for the day.


                                                               2099

 1                THE SECRETARY:   Calendar Number 

 2   419, by Senator Marchione, Senate Print 216, an 

 3   act to amend the Executive 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, 58.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   432, by Senator Seward, Senate Print 2095, an act 

16   to amend the Insurance Law.

17                SENATOR DeFRANCISCO:   Lay the bill 

18   aside for the day, please.

19                ACTING PRESIDENT GRIFFO:   Lay the 

20   bill aside for the day.

21                Senator DeFrancisco -- 

22                (Loud noise.)

23                ACTING PRESIDENT GRIFFO:   -- that 

24   completes the noncontroversial reading of today's 

25   active-list calendar.


                                                               2100

 1                SENATOR DeFRANCISCO:   First of all, 

 2   is everybody okay at the desk?  

 3                (Laughter.)

 4                ACTING PRESIDENT GRIFFO:   Just a 

 5   little juggling, Senator.

 6                SENATOR DeFRANCISCO:   Immediately 

 7   following session, there will be a Codes 

 8   Committee meeting in Room 124 of the Capitol.

 9                ACTING PRESIDENT GRIFFO:    

10   Immediately following session today there will be 

11   a meeting of the Codes Committee in Room 124 of 

12   the Capitol.  

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Is there any 

15   further business at the desk?

16                ACTING PRESIDENT GRIFFO:   There is 

17   no further business at the desk, except for the 

18   doctor visiting Mr. Chris here.

19                (Laughter.)

20                SENATOR DeFRANCISCO:   In that case, 

21   I move to adjourn until Wednesday, April 26th, at 

22   11:00 a.m.

23                ACTING PRESIDENT GRIFFO:   On 

24   motion, the Senate will stand adjourned until 

25   Wednesday, April 26th, at 11:00 a.m. 


                                                               2101

 1                Senate is adjourned.

 2                (Whereupon, at 3:52 p.m., the Senate 

 3   adjourned.)

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