Gaveled in 12:20 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 29, 2015
12:20 p.m.
REGULAR SESSION
SENATOR PHIL M. BOYLE, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT BOYLE:The Senate will come to order.
I ask everyone present to please rise and repeat after me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT BOYLE:Today we are joined by the Reverend Willie Hairston, pastor of the Pilgrim Baptist Church in Nyack. He will give our invocation.
Pastor?
REVEREND HAIRSTON:Heavenly Father, we praise Your name today. We are thankful for this marvelous opportunity. We are thankful, Lord God, for this assembly of great minds.
As we journey from day to day, we pray that You will bless us with wisdom, knowledge and ability to do the things that pleases you. Continue to keep us as only You can keep us. Keep Your powerful arms around us, we pray.
Amen.
ACTING PRESIDENT BOYLE:Thank you, Pastor.
Reading of the Journal.
THE SECRETARY:In Senate, Tuesday, April 28th, the Senate met pursuant to adjournment. The Journal of Monday, April 27th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT BOYLE:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Mr. Floor Leader.
SENATOR LaVALLE: Mr. President, on behalf of Senator Ranzenhofer, on page 19 I offer the following amendments to Calendar Number 209, Senate Print 3353, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR LaVALLE: On behalf of Senator Griffo, on page number 18 I offer the following amendments to Calendar Number 189, Senate Print Number 3542, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR LaVALLE: Mr. President, can we take up a previously adopted resolution, Number 1523, by Senator Seward. It should be read in its entirety, and then would you recognize Senator Seward following the reading of the resolution.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1523, by Senator Seward, congratulating the Cooperstown Central School Girls Basketball Team upon the occasion of capturing the New York State Class C 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 long-standing traditions, this Legislative Body is justly proud to congratulate the Cooperstown Central School Girls Basketball Team upon the occasion of capturing the New York State Class C Championship on Sunday, March 22, 2015, at Hudson Valley Community College in Troy, New York; and
"WHEREAS, The Cooperstown Central School Hawkeyes won their first Class C Basketball Championship in school history with an impressive 61-34 victory over Northern Adirondack Central School; and
"WHEREAS, The athletic talent displayed by this team is due in great part to the efforts of Coach Mike Niles and his team of outstanding assistant coaches, skilled and inspirational tutors, respected for their ability to develop potential into excellence; and
"WHEREAS, The team's overall record of 25-1 is outstanding, and the team members were loyally and enthusiastically supported by family, fans, friends and the community at large; 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, Sports competition instills the values of teamwork, pride and accomplishment, and Coach Mike Niles and his outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the Cooperstown Central School Girls Basketball Team; its members: Julie Ford, Christina Noto, Maggie Schuermann, Meaghan Perrino, Liz Millea, Mya Murdock, Sam Fanion, Paige Cring, Maria Noto, Sara Fountain, Fiona McGoldrick, Sarah Cook, Jen Flynn, Ciara McGoldrick, Sam Wehner, Mallory Arthurs, Coach Mike Niles, and Assistant Coaches Glen Noto, Matt Hazzard and Shannon Merwin, 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 Cooperstown Central School Girls Basketball Team, Coach Mike Niles, and Assistant Coaches."
ACTING PRESIDENT BOYLE:Senator Seward.
SENATOR SEWARD:Thank you, Mr. President.
You know, often when we speak of Cooperstown, we're talking baseball. But today, today we're speaking about high school basketball in Cooperstown.
You know, I am extremely pleased to welcome to the State Capitol and specifically our Senate chamber today the Lady Hawkeyes of Cooperstown, along with their coach, Mike Niles. And I know Assistant Coach Glen Noto is along today as well.
These are the 2015 New York State High School Class C Girls Basketball Champions. You know, this team is truly made up of trailblazers, because they brought home the very first basketball championship to Cooperstown.
You know, this winter they put together a dominant and very impressive record of 25 and 1. And that season concluded with a very impressive win over Northern Adirondack to capture the state championship. And my apologies to Senator Betty Little, who represents that school district.
(Laughter.)
SENATOR SEWARD:This is a team that had a goal in mind and they worked very, very hard to achieve it. You know, from those extra practices at the Clark Sports Center, the summer tournaments, the late nights at the Cooperstown High School gymnasium, and I'm certain in a few neighborhood driveways shooting hoops at home, they put in the hard work. And the result was a much-sought-after state title, and that was a true crowning achievement for their efforts.
And of course the girls were not alone in their journey. The guiding hand of their coaches, the very loving encouragement of parents and family members, and the very enthusiastic support of the entire Cooperstown community must also be recognized here today.
And along with the success on the basketball court, these girls have excelled also in the classroom. They were recently named a New York State Public High School Athletic Association Scholar/Athlete Team, with an impressive 94.18 GPA. Truly, they epitomize the term "student athletes."
They are terrific role models for other students. Young basketball players now look up to them. And the community at large, I can tell you, is very, very proud.
Now, I don't want to put any pressure on this great team, but the vast majority of the team are not seniors and they'll be coming back next year. So a fair warning to the rest of New York State that has Class C teams: The Cooperstown Lady Hawkeyes are ready to repeat in 2016.
But today we honor them for their 2015 accomplishments, and I say, on behalf of all of those I'm privileged to represent in our part of New York State and on behalf of this entire body of the New York State Senate that has adopted this resolution, we say congratulations, you've done a great job.
(Sustained applause.)
ACTING PRESIDENT BOYLE:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I just want to rise and also congratulate you.
Having been involved in playing sports most of my adult life -- it's getting less and less every year -- I understand how important this is to all of you now. But you won't believe how it gains in importance over time. Because all the friends that you're playing with now and will be playing with next year and years to come in different sports, they're going to be your friends forever. Forever. Because you've shared something that very few people share.
So although the championship is wonderful, it's something you can be proud of, it will seem even better in the future when you meet your old friends and the stories will get better. You'll get better -- you'll remember how much better it was and all the things you did that maybe you didn't.
But it's a wonderful thing, and I really appreciate it. And women's basketball is really on the rise. There's a woman that I'm sure all of you have heard of that's from my district, and that's somebody that plays for Connecticut. Stewart? She is unbelievable. She's won the championship three years in a row, got one more to go, Most Valuable Player.
So maybe you aren't going to be 6 foot 4 with a 7-foot wingspan, but you can enjoy that game as much as she can and enjoy your successes. Thank you.
(Applause from gallery.)
ACTING PRESIDENT BOYLE:Thank you, Senator.
Congratulations, ladies.
Floor Leader.
SENATOR LaVALLE: Mr. President, can we now take up previously adopted Resolution 1208, by Senator Ritchie. Can we have the resolution read in its entirety, and then would you recognize Senator Ritchie.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1208, by Senator Ritchie, congratulating the Heuvelton Central School Girls Basketball Team upon the occasion of capturing the New York State Class D 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 long-standing traditions, this Legislative Body is justly proud to congratulate the Heuvelton Central School Girls Basketball Team upon the occasion of capturing the New York State Class D Championship; and
"WHEREAS, Heuvelton won the Class D Championship over previously undefeated South Kortright with a score of 61-54 at Hudson Valley Community College in Troy, New York, on Sunday, March 22, 2015; and
"WHEREAS, Since 1995, the Heuvelton Bulldogs have been to nine Final Four games and four championship games without winning the title; and
"WHEREAS, The athletic talent displayed by this team is due in great part to the dedication of the many family members, fans, friends, and community at large who came out in force to cheer them to victory, and who loyally and enthusiastically supported the team throughout their season; and
"WHEREAS, Under the able leadership of Head Coach Rob Powers, the Heuvelton Central School Girls Basketball Team finished the year with a 23 and 2 record, winning the Section X Championship and their first New York State title; 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 Heuvelton Central School Girls Basketball Team: Nathalie Barr, Jaelin Calkins, Taylor Dawley, Kristi Donnelly, Miranda Donnelly, Gabby Johnson, Kedan Mack, Madison McCormick, Paige McCormick, Katie Palmer, Kylie Piercey, Olivia St. Pierre, Carin Sherwood, Alexandra Steele, Karina Warren, Paige Weston; Team Manager Lara Martin, Coach Rob Powers, Assistant Coach Austin Weakfall, and Athletic Director David Steele, on their outstanding season and overall team record; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the Heuvelton Central School Girls Basketball Team and Head Coach Rob Powers."
ACTING PRESIDENT BOYLE:Senator Ritchie.
SENATOR RITCHIE:Thank you, Mr. President.
I want to welcome the New York State Class D Girls Basketball champs here today, the Heuvelton Lady Bulldogs. And they come from my home and my alma mater.
I have to say it's extra special to have these girls here, because they're my friends and my neighbors. One of the girls lives down the road. One actually grew up across from my in-laws. One is the daughter of my high school math teacher. And I could pretty much tell a story about every girl that's up there. So for me personally, it's been really wonderful to watch how hard you've worked and how far you've come.
I know, from such a small area, I think we probably surprised a lot of people when they saw all the supporters that you had at your championship game. And though I couldn't be there, I was one of the many that sat home watching the game, yelling "Go, girls, go!" So for such a small area to have amassed such a huge amount of support just goes to the character of the girls that are on the team.
You know, I saw the championship game where you beat South Kortright by 61-54. I would like to acknowledge the great game that Senator Seward's team played too. It really was a wonderful game, and I'm so thrilled to see that the Lady Bulldogs won the state championship.
But I'd also like to just take a couple of minutes to talk about the girls themselves. You know, I watched the NCAA championship between Kentucky and Wisconsin, and I was a little disappointed when I saw Kentucky leave the floor without shaking hands and showing us, even though it was a tough game, some sportsmanship.
But I've got to tell you, these girls up here off the court have shown grace and humility. And these girls are what good leaders of the future are made of. So I want to say to all of you, your coaches -- Rob, Austin, I want to thank you. Is Dave up there, Dave Steele, the athletic director? I want to make sure that all of you know how proud not just myself but the entire community are of what you've accomplished, of the young women that you have become, and I want to congratulate you on your wonderful championship.
Thank you.
(Sustained applause.)
ACTING PRESIDENT BOYLE:Congratulations, ladies, and thank you for joining us.
Mr. Floor Leader.
SENATOR LaVALLE: Mr. President, can we have the noncontroversial reading of the calendar.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Calendar Number 89, by Senator Golden, Senate Print 690, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 139, by Senator Marcellino, Senate Print 387, an act to amend the Navigation Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 153, by Senator LaValle, Senate Print 1485, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 166, by Senator Larkin, Senate Print 2208, an act to amend the General Business Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 194, by Senator Ortt, Senate Print 3115, an act relating to authorizing.
ACTING PRESIDENT BOYLE:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 252, by Senator Valesky, Senate Print 625, an act to amend the Public Health Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Senator Krueger to explain your vote.
SENATOR KRUEGER:Thank you. I'm voting yes on this bill.
I just want to highlight this is a funding stream with $260 million in it over two years. So I have clarified with Senator Valesky $10 million for the rest of the state is a minimum, not a maximum. And we certainly need to invest in supportive housing throughout the State of New York.
Thank you, Mr. President.
ACTING PRESIDENT BOYLE:Thank you.
Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
Mr. Floor Leader, that completes the noncontroversial reading of the calendar.
SENATOR FLANAGAN:Mr. President, is there any further business at the desk?
ACTING PRESIDENT BOYLE:There is none.
SENATOR LaVALLE: Then I move we adjourn until Monday, May the 4th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT BOYLE:I'd like to congratulate Megan Reid on passing the New York State Bar, and say that on motion the Senate stands adjourned until Monday, May 4th, at 3:00 p.m., intervening days to be legislative days.
(Whereupon, at 12:40 p.m., the Senate adjourned.)
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