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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 13, 2017
11 3:54 p.m.
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14 REGULAR SESSION
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18 SENATOR PHIL BOYLE, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BOYLE: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT BOYLE: In the
10 absence of clergy, may we bow our heads for a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT BOYLE: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Sunday,
17 February 12th, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 February 11th, was read and approved. On
20 motion, Senate adjourned.
21 ACTING PRESIDENT BOYLE: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
723
1 THE SECRETARY: On page 9, Senator
2 Klein moves to discharge, from the Committee on
3 Rules, Assembly Bill Number 380 and substitute
4 it for the identical Senate Bill Number 1069,
5 Third Reading Calendar 23.
6 ACTING PRESIDENT BOYLE: The
7 substitution is so ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 SENATOR LaVALLE: Mr. President.
15 ACTING PRESIDENT BOYLE: Floor
16 Leader.
17 SENATOR LaVALLE: On behalf of
18 Senator Croci, on page number 15 I offer the
19 following amendments to Calendar Number 133,
20 Senate Print Number 922, and ask that said bill
21 retain its place on the Third Reading Calendar.
22 ACTING PRESIDENT BOYLE: So
23 ordered.
24 SENATOR LaVALLE: On behalf of
25 Senator Golden, on page number 10 I offer the
724
1 following amendments to Calendar Number 75,
2 Senate Print Number 814, and ask that that bill
3 retain its place on the Third Reading Calendar.
4 ACTING PRESIDENT BOYLE: So
5 ordered.
6 SENATOR LaVALLE: Mr. President, I
7 move that the following bill be discharged from
8 its respective committee and be recommitted with
9 instructions to strike the enacting clause.
10 That is Senate Bill 326, by Senator Murphy.
11 ACTING PRESIDENT BOYLE: So
12 ordered.
13 Floor Leader.
14 SENATOR LaVALLE: Can we please go
15 to the noncontroversial reading of the calendar.
16 ACTING PRESIDENT BOYLE: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 23, substituted earlier by Member of the
20 Assembly Moya, Assembly Print 380, an act to
21 amend the General Business Law.
22 ACTING PRESIDENT BOYLE: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
725
1 ACTING PRESIDENT BOYLE: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BOYLE: Announce
5 the results.
6 THE SECRETARY: Ayes, 51. Nays, 1.
7 Senator Croci recorded in the negative.
8 ACTING PRESIDENT BOYLE: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 102, by Senator LaValle, Senate Print 2212, an
12 act to amend the Education Law.
13 ACTING PRESIDENT BOYLE: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BOYLE: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BOYLE: Announce
21 the results.
22 Oh, Senator Latimer, to explain your
23 vote.
24 SENATOR LATIMER: Thank you,
25 Mr. President.
726
1 I intend to vote no on this bill,
2 and I want to explain the reasons why.
3 I'm concerned any time I see an
4 automatic forfeiture of a seat. The
5 gubernatorial appointments on these boards
6 obviously should have a good attendance record.
7 There is a clause by which a chair may excuse
8 them. But an automatic forfeiture concerns me.
9 I'd much rather see provisions that allow for a
10 process to have an appointee who hasn't shown
11 attendance to have the seat rescinded, without
12 making it an automatic forfeiture.
13 So with that thought in mind, my
14 vote will be no on this bill.
15 ACTING PRESIDENT BOYLE: Senator
16 Latimer to be recorded in the negative.
17 Announce the results.
18 THE SECRETARY: Ayes, 51. Nays, 1.
19 Senator Latimer recorded in the negative.
20 ACTING PRESIDENT BOYLE: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 112, by Senator Marchione, Senate Print 175, an
24 act to amend the Real Property Tax Law.
25 ACTING PRESIDENT BOYLE: Read the
727
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BOYLE: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BOYLE: Announce
8 the result.
9 THE SECRETARY: Ayes, 52.
10 ACTING PRESIDENT BOYLE: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 113, by Senator Marchione, Senate Print 210, an
14 act to amend the County Law.
15 ACTING PRESIDENT BOYLE: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BOYLE: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BOYLE: Announce
23 the result.
24 THE SECRETARY: Ayes, 52.
25 ACTING PRESIDENT BOYLE: The bill
728
1 is passed.
2 THE SECRETARY: Calendar Number
3 118, by Senator Croci, Senate Print 899, an act
4 to amend the General Municipal Law.
5 ACTING PRESIDENT BOYLE: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the first of January.
9 ACTING PRESIDENT BOYLE: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BOYLE: Announce
13 the result.
14 THE SECRETARY: Ayes, 52.
15 ACTING PRESIDENT BOYLE: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 119, by Senator Marcellino, Senate Print 1134 --
19 SENATOR LaVALLE: Lay it aside for
20 the day, please.
21 ACTING PRESIDENT BOYLE: The bill
22 is laid aside for the day.
23 THE SECRETARY: Calendar Number
24 121, by Senator Marcellino, Senate Print 1296, an
25 act authorizing.
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1 ACTING PRESIDENT BOYLE: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BOYLE: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BOYLE: Announce
9 the result.
10 THE SECRETARY: In relation to
11 Calendar 121, those recorded in the negative are
12 Senators Akshar, Bonacic, Gianaris, Rivera and
13 Stewart-Cousins.
14 Ayes, 47. Nays, 5.
15 ACTING PRESIDENT BOYLE: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 127, by Senator Larkin, Senate Print 2388, an act
19 to amend the General Municipal Law.
20 ACTING PRESIDENT BOYLE: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BOYLE: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 54. Nays, 1.
3 Senator Kaminsky recorded in the negative.
4 ACTING PRESIDENT BOYLE: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 129, by Senator Ortt, Senate Print 2605, an act
8 authorizing.
9 ACTING PRESIDENT BOYLE: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BOYLE: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BOYLE: Announce
17 the result.
18 THE SECRETARY: Ayes, 54.
19 ACTING PRESIDENT BOYLE: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 138, by Senator Ranzenhofer, Senate Print 2523,
23 an act to repeal Chapter 154 of the Laws of 1921.
24 ACTING PRESIDENT BOYLE: Read the
25 last section.
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1 THE SECRETARY: Section 33. This
2 act shall take effect upon the enactment into law
3 by the State of New Jersey.
4 ACTING PRESIDENT BOYLE: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BOYLE: Announce
8 the result.
9 THE SECRETARY: Ayes, 54.
10 ACTING PRESIDENT BOYLE: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 140, by Senator Lanza, Senate Print 2615, an act
14 to amend the New York City Health and Hospitals
15 Corporation Act.
16 ACTING PRESIDENT BOYLE: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BOYLE: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BOYLE: Announce
24 the result.
25 THE SECRETARY: In relation to
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1 Calendar 140: Ayes, 53. Nays, 1. Senator
2 Sanders recorded in the negative.
3 ACTING PRESIDENT BOYLE: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 141, by Senator Peralta, Senate Print 479, an act
7 to amend the Tax Law.
8 ACTING PRESIDENT BOYLE: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT BOYLE: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BOYLE: Announce
16 the result.
17 THE SECRETARY: Ayes, 55.
18 ACTING PRESIDENT BOYLE: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 142, by Senator Young, Senate Print 561, an act
22 to amend the Tax Law.
23 ACTING PRESIDENT BOYLE: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT BOYLE: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BOYLE: Announce
6 the result.
7 THE SECRETARY: In relation to
8 Calendar 142, those recorded in the negative are
9 Senators Bailey, Comrie, Dilan, Gianaris,
10 Hoylman, Montgomery, Rivera, Sanders, Serrano and
11 Squadron.
12 Ayes, 45. Nays, 10.
13 ACTING PRESIDENT BOYLE: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 145, by Senator Young, Senate Print 3505, an act
17 to amend the Tax Law.
18 ACTING PRESIDENT BOYLE: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BOYLE: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BOYLE: Announce
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1 the result.
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT BOYLE: The bill
4 is passed.
5 Floor Leader, that completes the
6 noncontroversial reading of the calendar.
7 SENATOR LaVALLE: Mr. President,
8 Senator Flanagan, in consultation with Senator
9 Stewart-Cousins, hands up the Democratic
10 committee assignments and asks that such
11 assignments be filed in the Journal.
12 ACTING PRESIDENT BOYLE: The
13 assignments are received and will be filed with
14 the Journal Clerk.
15 SENATOR LaVALLE: Is there any
16 further business at the desk?
17 ACTING PRESIDENT BOYLE: There is
18 no further business at the desk.
19 SENATOR LaVALLE: There being no
20 further business, I move to adjourn until
21 Tuesday, February 14th -- I think everyone knows
22 what February the 14th is -- at 11:00 a.m.,
23 Valentine's Day.
24 ACTING PRESIDENT BOYLE: On motion,
25 the Senate stands adjourned until Valentine's
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1 Day, Tuesday, February 14th, at 11:00 a.m.
2 (Whereupon, at 4:05 p.m., the Senate
3 adjourned.)
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