Gaveled in 3:24 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 2, 2015
3:24 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by the Reverend Jason Kleber, senior pastor at Coila Church in Cambridge.
Reverend?
REVEREND KLEBER:Thank you.
Let's pray.
Our most gracious and sovereign Lord and our loving Heavenly Father, we come before You today in thanksgiving and praise for who You are. You alone are God, and You alone are worthy of all our praise.
And we thank You, Father, that You have given us life and liberty and all the other blessings and freedoms we enjoy each day. And we acknowledge before You that they are all gracious gifts sent from Your hand.
And I thank You, Lord, for this Senate body and the work that You have given them to do. It is indeed Your work, for You are the great Eternal Lawgiver and from You and Your Holy Word flows all conception of right and wrong.
So we ask that what is done here today would be pleasing in Your sight, and that it would reflect Your righteous character and just nature. And we ask that it would also be for the good of this great state and the good of the citizens that those gathered here represent.
And we thank You, Father, that You also are so infinitely good Yourself. And You displayed that goodness in full measure when You sent Your only son to die for sinners like us. May we be ever mindful of that and recognize that the ultimate reason we have laws and government is because they serve as a restraining force against sin.
But in the person of Your son, You have brought the ultimate remedy to the sin that besets us all. And in Your son the ultimate demands of Your law were met.
So I thank You, Father, that because of that I can stand here before You today in prayer. And it's on that basis that I ask Your blessing upon this assembly and all that is said and done here today, for it is in the name of Your son, our only Lord and Savior Jesus Christ, that I ask these things.
Amen.
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Sunday, March 1st, the Senate met pursuant to adjournment. The Journal of Saturday, February 28th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 10, Senator Parker moves to discharge, from the Committee on Rules, Assembly Bill Number 858 and substitute it for the identical Senate Bill Number 1315, Third Reading Calendar 12.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 15, Senator Ranzenhofer moves to discharge, from the Committee on Health, Assembly Bill Number 4490 and substitute it for the identical Senate Bill Number 3547, Third Reading Calendar 104.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I just want to introduce myself as John DeFrancisco from Syracuse, since I haven't been here very much lately, in case you all forgot.
(Laughter.)
ACTING PRESIDENT GRIFFO:We got to see you on television a lot, though, Senator DeFrancisco.
SENATOR DeFRANCISCO: Well, that's all right.
Mr. President, on page 10 I offer the following amendments to Calendar Number 27, Senate Print Number 1694, and ask that the bill retain its place on third reading.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, on behalf of Senator Libous, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill Number 1674.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR DeFRANCISCO: Would you recognize Senator Valesky, please.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Carlucci, I move that Senate Bill 2015 be discharged from its respective committee and be recommitted with instructions to strike the enacting clause.
ACTING PRESIDENT GRIFFO:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I believe there is a previously adopted resolution by Senator Ritchie, Number 210, at the desk. I ask that it be read in its entirety and to call on Senator Ritchie.
ACTING PRESIDENT GRIFFO:Before the Secretary reads, I'd ask that we have some order in the chamber, please. If you can take conversations outside the chamber, I would appreciate that.
The Secretary will read.
THE SECRETARY:Legislative Resolution Number 210, by Senator Ritchie, congratulating the Indian River Central School Football Team upon the occasion of capturing the Class A New York State Championship.
"WHEREAS, Excellence and success in competitive sports can only be achieved through strenuous practice, team play, and team spirit, nurtured by dedicated coaching and strategic planning; and
"WHEREAS, It is the intent of this Legislative Body to recognize those young people within our community, who, by achieving outstanding success in athletic competitions, have inspired and brought pride to their school district and community; and
"WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this Legislative Body is justly proud to congratulate the Indian River Central School Football Team upon the occasion of capturing the New York State Class A Championship; and
"WHEREAS, Indian River won the Class A Championship by defeating the previously undefeated defending state champions from Queensbury 63-38, at the Carrier Dome in Syracuse on Sunday, November 30, 2014; and
"WHEREAS, The Indian River Warriors fell behind early on in the game, 19-0, but never lost heart, steadily climbing back into competition with a dominant rushing performance, to win the game and end their season with an impressive record of 13-0; and
"WHEREAS, The athletic talent displayed by this team is due in great part to the dedication of their many family, fans, friends, and the community at large, who came out in force to cheer the Indian River Warriors to victory, and who loyally and enthusiastically supported the team throughout their season; and
"WHEREAS, The team won every game it played this past season, not as individuals, but as a team, respecting each other, the game and their coaches; and
"WHEREAS, Athletically and academically, the team members have proven themselves to be an unbeatable combination of talents, reflecting favorably on their school; and
"WHEREAS, It is the custom of this Legislative Body to publicly recognize those high school athletes who have achieved notable success in this great Empire State; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the Indian River Central School Football Team, its members -- Dylan Ashwood, Densel Barnes, Christopher Bass, Alexander Behling, Jeffrey Bell, Dylan Bishop, Lawrence Borce, Connor Brown, Daquan Brown, Rickey Burgos, Mitchell Bursey, Jesse Buzzell, Jared Chant, Noah Davidson, Anthony DeMarco, Chase Farrell, Reiley Fleming, Elijah Franklin, Allen Garcia, Juan Garcia Robles, Serone Gates, Connor Hajdasz, Jefferson Hando, Darrien Holland, Seamus Honeywell, Tyler Iketau, Chase Ingram, Aiden Kearns, Jayeson Laga, Joshua Lee, Ryan Loar, Damian Lynch, Trevor McDonald, Taylor Miller, Khorey Mitchell, Keon O'Neil, Jonah Raydo, Anthony Reclosado, Zachary Redder, Avery Reed, Gary Ruckman, Dustin Sharrit, Tyler Sloley, Brandon Smith, Jeremy Snyder, Zachery Stone, Nena Tolenna, Cole Vonsik, Romel Washington, Juwan Williams, Tellas Wilson, and Tyler Wright -- Coach Cory Marsell and Assistant Coaches Matt Armes, Chadd Johnson, John Gray, and Kevin Smith, Athletic Director Jay Brown, and Team Manager Dakota Miller, on their outstanding season and overall team record; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the members of the Indian River Central School Football Team."
ACTING PRESIDENT GRIFFO:Senator Ritchie.
SENATOR RITCHIE:Thank you, Mr. President.
I'd like to welcome the Indian River Warriors to the chamber today. They're here with their coaching staff, including Head Coach Cory Marsell, and also their superintendent is here, Jim Kettrick. I want to thank you all for coming.
You know, this team really works hard on the field and off the field. And it was so apparent during the final championship game when they were down by 19 points and came back, came back to win 63 to 38.
You know, this team works so hard that it was really apparent to the community, the heart and soul that they put in. The day that they went to the championship, I was able to go to the school with many of the supporters from the community and wish them on their way. When I got there, I was surprised to see that we had first responders, fire departments, the law enforcement there with all their lights on -- just about everyone from the community.
And as the procession led off to Syracuse and everyone was on their way, I was really amazed and proud of our community that over 2,000 people went down to watch this team play, because they knew how hard they worked on and off the field.
So for all of you, thank you for coming today to Albany. It's an honor and a privilege to have you here today to showcase your hard work. And I wish you a great day here in the Capitol.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Ritchie.
Senator Little on the resolution.
SENATOR LITTLE:Thank you.
I'd really like to welcome this team to Albany. I am from Queensbury, New York. And our team in Queensbury were the champions last year. They had a great season, they were undefeated, so they were an awesome team. But you were a more awesome team.
So congratulations on your championship victory, and we're happy to have the state champions here in Albany with us today.
Thank you, and congratulations.
ACTING PRESIDENT GRIFFO:Thank you, Senator Ritchie and Senator Little.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Thank you.
It's one heck of a season. And to fall behind 19 to nothing and come back and beat badly the Queensbury team is unbelievable. It's excellent.
The message I have, though, is I think a little bit different than the score. The message simply is I played sports my whole life, and the people to your left and right are going to be your friends forever. You don't know how important that is. They're going to be your friends forever. You had a common experience that very, very few people are able to experience.
And you're sharing that, and the -- I'll tell you one other thing that I recognize, that over the years your exploits get bigger and bigger. You remember more things that you did that maybe you didn't do.
(Laughter.)
SENATOR DeFRANCISCO: Because as you get older, you think of more things.
But congratulations. Enjoy this for the rest of your life.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
The resolution was previously adopted on January 22, 2015.
We want to welcome all of the administrators, coaches, and players from Indian River. Congratulations to the Warriors on achieving that great championship in Class A.
Congratulations, and welcome to the chamber.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I believe there's another previously adopted resolution by Senator Martins, Number 294, at the desk. I ask that the title be read and to call on Senator Martins.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 294, by Senator Martins, honoring John D. Kemp upon the occasion of his designation as recipient of the 2014 Dole Leadership Prize by the Robert J. Dole Institute of Politics at the University of Kansas.
ACTING PRESIDENT GRIFFO:Senator Martins.
SENATOR MARTINS:Thank you.
Good afternoon. I want to take the opportunity to introduce you to a friend of mine who is visiting from the district, John Kemp. John Kemp is the president and the CEO of the Henry Viscardi School.
And for those of you who don't know about the Henry Viscardi School, the Henry Viscardi School is a 4201 school in New York State. It's located in Albertson, New York. And it is a very special 4201 school because it caters exclusively to children who are severely physically handicapped.
And so all of the students in downstate -- not only from Long Island, from New York City, even from as far away as Westchester -- if they have a physical disability and a severe physical disability and they're lucky, they end up going to the Henry Viscardi School, where they do miracles and perform miracles each and every day in terms of allowing children opportunities that they otherwise would never have.
My friend John Kemp this year was awarded the Dole Leadership Prize. Now, to put that into context, past recipients of the Dole Leadership Prize have been world leaders like Lech Walesa, the former president of Poland. They've been national leaders like Rudy Giuliani, U.S. Senators, people who have gone on to change the world.
And John belongs right amongst all of them because of his advocacy, because of his example, because of the life he leads and the ability he has to change children's lives each and every day.
You see, John is not only an inspirational person because he deals with that which we just spoke about; John goes through life with four prosthetics. Yet he never allowed that to slow him down.
He got his degree from Georgetown University, he got his legal degree from Washburn University. He practiced in the private sector as an attorney. And he has led so many of the different disability organizations in our country -- in our country -- over the course of his more than 50 years focusing on the disabled.
So an incredible opportunity. But we should all take the opportunity not only to meet John Kemp but also to become familiar with his work at the Henry Viscardi Center.
John is here today with his wife, Simetta Kemp. Also here is Beth Daley, from the board of trustees at the Viscardi School; Diana DeVivo, who's the superintendent; Marco Terveros, who's the student council president, and Chris Alvarez, who's a representative on the student council.
They're all right here to my right. John Kemp is the guy, the distinguished-looking fellow who's leaning up against his chair who will now stand up and wave.
Ladies and gentlemen, my friends, my dear colleagues, join me in congratulating a truly inspirational person, well deserving of this award, and a person who is well deserving of our accolades here in this chamber, a person who inspires people each and every day, my friend John Kemp.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Congratulations, John, on the designation and being a recipient of the distinguished Dole Leadership Prize. We welcome you, and we're honored to have you and your guests in the chamber today.
SENATOR MARTINS:Thank you, John.
ACTING PRESIDENT GRIFFO:Thank you, Senator Martins.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, we have a very important guest in the chambers, and I'd like you to recognize Senator Kennedy to introduce her.
ACTING PRESIDENT GRIFFO:Senator Kennedy.
SENATOR KENNEDY:Thank you very much, Mr. President.
It's a great honor and privilege of mine to introduce an ambassador for Ireland to the United States, Consul General of Ireland Barbara Jones is here with us.
Barbara, if you could please stand and be recognized.
Barbara, born in County Wexford, Ireland, has traveled the world ensuring that folks throughout the international community have a chance at the best in life. And she certainly brings the best to the table every single day as we begin St. Patrick's Month here in New York State -- especially in South Buffalo, where I'm from, and the great City of New York, where the consul general currently resides.
We wish you the very, very best as you begin this new opportunity in your life. And certainly you bring an extraordinary experience to the table, having just been brought into your current position this past fall. You're already making a tremendous impact.
And the relationship between the United States of America -- in particular, New York State and our vast Irish history -- and the beautiful country of Ireland and its rich history only lends to the beauty of what tomorrow will bring.
So congratulations on your new position. We look afford to working with you for many years to come.
And, Mr. President, if we could please give the honor of the house to the ambassador.
Thank you very much.
ACTING PRESIDENT GRIFFO:Madam Consul General --
(Applause.)
ACTING PRESIDENT GRIFFO:Madam Consul General Jones, it's a privilege and honor to have you in the chamber today. We extend the courtesies of the house to you. Appreciate your presence. Thank you so much for being with us.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May we have the reading of the noncontroversial calendar, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 12, by Member of the Assembly Kavanagh, Assembly Print 858, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the same date and in the same manner as Chapter 506 of the Laws of 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 58, by Senator Martins, Senate Print 208, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Also Senator Montgomery.
ACTING PRESIDENT GRIFFO:Reannounce the results.
THE SECRETARY:Ayes, 55. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 67, by Senator Larkin, Senate Print 2207, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 73, by Senator Griffo, Senate Print 2722B, an act to amend the Legislative Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 73, those recorded in the negative are Senators Díaz, Dilan, Hoylman, Parker, Perkins, Savino and Squadron.
Ayes, 50. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 97, by Senator Klein, Senate Print 854, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 104, by Member of the Assembly Schimminger, Assembly Print 4490, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 21. This act shall take effect April 1, 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 15, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 4616 and substitute it for the identical Senate Bill Number 3681, Third Reading Calendar 105.
ACTING PRESIDENT GRIFFO:The substitution is so ordered, and the Secretary will read.
THE SECRETARY:Calendar Number 105, by Member of the Assembly Morelle, Assembly Print 4616, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's calendar.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR DeFRANCISCO: On motion, the Senate stands adjourned until Tuesday, March 3rd, at 3:00 p.m.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
On motion, the Senate will stand adjourned until Tuesday, March 3rd, at 3:00 p.m.
The Senate stands adjourned.
(Whereupon, at 3:48 p.m., the Senate adjourned.)
Highest impact first.
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