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Tuesday, May 16, 2017

3:43 PMRegular SessionALBANY, NEW YORK
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                                                               2644

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 16, 2017

11                     3:43 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2645

 1               P R O C E E D I N G S

 2                ACTING SENATOR CROCI:   The Senate 

 3   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 SENATOR CROCI:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING SENATOR CROCI:   The reading 

15   of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   May 15th, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, May 14th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING SENATOR CROCI:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               2646

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, I wish 

 8   to call up Senator Golden's bill, Print 5118, 

 9   recalled from the Assembly, which is now at the 

10   desk.

11                ACTING SENATOR CROCI:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   565, by Senator Golden, Senate Print 5118, an 

15   act to amend the Civil Service Law.

16                SENATOR DeFRANCISCO:   I now 

17   request to reconsider the vote by which the bill 

18   was passed.

19                ACTING SENATOR CROCI:   Call the 

20   roll on reconsideration.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 55.

23                ACTING PRESIDENT CROCI:   The bill 

24   is restored to its place on the Third Reading 

25   Calendar.


                                                               2647

 1                SENATOR DeFRANCISCO:   I now offer 

 2   the following amendments.

 3                ACTING SENATOR CROCI:   The 

 4   amendments are received.  

 5                SENATOR DeFRANCISCO:   And on 

 6   page number 47, I offer the following amendments 

 7   to Calendar 775, Senate Print 2098A, by 

 8   Senator Murphy, and ask that said bill retain 

 9   its place on the Third Reading Calendar.

10                ACTING SENATOR CROCI:   The 

11   amendments are received, and the bill will 

12   retain its place on the Third Reading Calendar.

13                SENATOR DeFRANCISCO:   On page 14, 

14   I offer the following amendments to Calendar 

15   308, Senate Print 2911, by Senator Croci, and 

16   ask that said bill retain its place on the 

17   Third Reading Calendar.

18                ACTING SENATOR CROCI:   The 

19   amendments are received, and the bill will 

20   retain its place on the Third Reading Calendar.

21                SENATOR DeFRANCISCO:   On 

22   page number 40, I offer the following amendments 

23   to Calendar 706, Senate Print 5631, introduced 

24   by me, and ask that said bill retain its place 

25   on the Third Reading Calendar.


                                                               2648

 1                ACTING SENATOR CROCI:   The 

 2   amendments are received, and the bill will retain 

 3   its place on the Third Reading Calendar.

 4                SENATOR DeFRANCISCO:   Could you 

 5   please recognize Senator Valesky.

 6                ACTING SENATOR CROCI:   Senator 

 7   Valesky.

 8                SENATOR VALESKY:   Thank you, 

 9   Mr. President.  

10                On behalf of Senator Klein, on 

11   page 47 I offer the following amendments to 

12   Calendar 778, Senate Bill 5664, and ask that said 

13   bill retain its place on the Third Reading 

14   Calendar.

15                ACTING SENATOR CROCI:   The 

16   amendments have been received, and the bill will 

17   retain its place on the Third Reading Calendar.

18                Senator DeFrancisco.

19                SENATOR DeFRANCISCO:   One moment, 

20   please.  (Pause.)

21                We now have -- well, first, I move 

22   to approve the Resolution Calendar.

23                ACTING SENATOR CROCI:   All in favor 

24   of adopting the Resolution Calendar please 

25   signify by saying aye.


                                                               2649

 1                (Response of "Aye.")

 2                ACTING SENATOR CROCI:   Opposed, 

 3   nay.

 4                (No response.)

 5                ACTING SENATOR CROCI:   The 

 6   Resolution Calendar is adopted, Senator 

 7   DeFrancisco.

 8                SENATOR DeFRANCISCO:   Earlier today 

 9   we had a lengthy but meaningful ceremony dealing 

10   with the Veterans Hall of Fame.  And at this 

11   point I would just ask you to take up the 

12   privileged resolution by Senator Flanagan, read 

13   the title only, and call on Senator Ortt to 

14   speak.

15                ACTING SENATOR CROCI:   Very good.  

16   The Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 2177, by Senators Flanagan, 

19   Klein and Stewart-Cousins, honoring the 

20   distinguished veterans from the State of New York 

21   upon the occasion of their induction into the 

22   New York State Senate Veterans Hall of Fame, to 

23   be celebrated on May 16, 2017.

24                ACTING SENATOR CROCI:   Senator 

25   Ortt.


                                                               2650

 1                SENATOR ORTT:   Thank you, 

 2   Mr. President.  

 3                I certainly would -- there are a lot 

 4   of things that I think we all agree on that we 

 5   don't always get right here in Albany.  But one 

 6   of the things we do get right is today's ceremony 

 7   in honoring our veterans, through the Veterans 

 8   Hall of Fame induction ceremony.  

 9                We had over 50 veterans from across 

10   New York State here today, and one of them is 

11   right here in this chamber, Colonel Senator Bill 

12   Larkin.  And it was a very special ceremony, I 

13   think, for all of us to be there when he was 

14   inducted.  

15                But I would like to take this moment 

16   to not only thank all the veterans, but to 

17   recognize one veteran, my veteran, Silviu Dan, 

18   Sr.  His family is in the gallery here with us.  

19   They've traveled a great distance from my 

20   district.  

21                Silviu was a 1943 graduate of 

22   North Tonawanda High School.  After high school, 

23   at age 17, he bravely enlisted in the Army and 

24   honorably served in the Army Air Corps until 

25   1945, when he was honorably discharged.  


                                                               2651

 1                Mr. Dan flew as a waist gunner on a 

 2   B-24 bomber during World War II.  He was captured 

 3   and became a German prisoner of war when his 

 4   plane was shot down, leaving him in a German 

 5   prison camp for more than three months.  

 6                Due to his dedication and sacrifice, 

 7   Mr. Dan was awarded the Purple Heart, the Air 

 8   Medal, the Good Conduct Medal, the New York State 

 9   Conspicuous Service Medal, as well as several 

10   other medals and ribbons.  

11                Mr. Dan also worked and retired as a 

12   postal employee.  

13                So this is a man who served his 

14   country honorably, went through an experience 

15   that most people can never imagine, which is 

16   being a POW, and then continued to serve his 

17   state and country and his community as a postal 

18   employee and in a lot of other endeavors.  

19                But I just wanted to thank Senator 

20   Flanagan, Senator Klein, Senator Cousins and 

21   everyone who nominated a veteran, because I think 

22   recognizing those who have served this country 

23   and who have defended the way of life that we 

24   take for granted, sometimes, is probably one of 

25   the most important things we do here.  


                                                               2652

 1                Again, I would like to congratulate 

 2   and thank Senator Colonel Larkin for all that he 

 3   does and for being inducted today as well.  

 4                And I certainly would like to thank 

 5   the family of Silviu Dan who is here in the 

 6   gallery today.  Your father was part of a 

 7   generation that we can never fully repay, and we 

 8   owe a debt of gratitude that can never be repaid 

 9   to him and to all those who served in what is 

10   known as World War II.  

11                So Mr. President, I thank you.  

12                ACTING SENATOR CROCI:   Senator 

13   Addabbo.

14                SENATOR ADDABBO:   Thank you, 

15   Mr. President.

16                On behalf of the Democratic 

17   Conference, and as the proud ranking member of 

18   the Veterans Committee, ably chaired by you, 

19   Mr. President, I want to say congratulations to 

20   all our veterans inducted today in the Veterans 

21   Hall of Fame.  

22                You know, our state is home to over 

23   900,000 veterans, and I'm of the belief that 

24   every day is Veterans Day.  So while we thank all 

25   the veterans living within our state, we got a 


                                                               2653

 1   moment today to select a few that will be in our 

 2   Hall of Fame.  

 3                And I love today, because we get to 

 4   put politics aside.  Whenever we talk about 

 5   veterans, there is no room for politics.  We put 

 6   politics aside and together we honor these 

 7   veterans, who came from every corner of our 

 8   state.  

 9                They differed in where they came 

10   from, the differed in gender, they differed in 

11   background, they differed in what branch of the 

12   military they served.  They differed in so many 

13   ways.  But in one big group, like that which 

14   unites every veteran, their commitment and 

15   dedication to our country is the same.

16                So to all of them who are here 

17   today, to all of the visiting veterans and to all 

18   the veterans around our state, we say thank you, 

19   God bless you all, and God bless this great 

20   country.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT CROCI:   To all the 

23   veterans' families and veterans who are in the 

24   audience, we want to extend to you all the 

25   privileges and courtesies of this house and to 


                                                               2654

 1   thank you and your families for the great 

 2   sacrifice you have made on behalf of the people 

 3   of New York and the people of the United States 

 4   of America.  

 5                And with that, we'd ask you all to 

 6   stand and be recognized by this house. 

 7                (Standing ovation.)

 8                ACTING SENATOR CROCI:   All in favor 

 9   adopting the resolution please signify by saying 

10   aye.

11                (Response of "Aye.")

12                ACTING SENATOR CROCI:   Opposed, 

13   nay.

14                (No response.)

15                ACTING SENATOR CROCI:   The 

16   resolution is adopted.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, can we 

19   take up previously adopted Resolution 1792, by 

20   Senator Gallivan, read it in its entirety, and 

21   call on Senator Gallivan.

22                ACTING SENATOR CROCI:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 1792, by Senator Gallivan, 


                                                               2655

 1   memorializing Governor Andrew M. Cuomo to 

 2   proclaim May 14-20, 2017, as Police Week in the 

 3   State of New York.  

 4                "WHEREAS, It is the intent of this 

 5   Legislative Body to memorialize Governor Andrew 

 6   M. Cuomo to proclaim May 14-20, 2017, as Police 

 7   Week in the  State of New York, in conjunction 

 8   with the observance of National Police Week; and 

 9                "WHEREAS, This observance is to 

10   recognize National Police Week 2017 and to honor 

11   the service and sacrifice of those law 

12   enforcement officers killed in the line of duty 

13   while protecting our communities and safeguarding 

14   our democracy; and 

15                "WHEREAS, In 1962, President Kennedy 

16   proclaimed May 15th as National Peace Officers 

17   Memorial Day and the calendar week in which 

18   May 15th falls, as National Police Week; and 

19                "WHEREAS, Established by a joint 

20   resolution of Congress in 1962, National Police 

21   Week pays special recognition to those law 

22   enforcement officers who have lost their lives in 

23   the line of duty for the safety and protection of 

24   others; and 

25                "WHEREAS, There are roughly 900,000 


                                                               2656

 1   law enforcement officers serving in communities 

 2   across the United States; and 

 3                "WHEREAS, Nearly 60,000 assaults 

 4   against law enforcement officers are reported 

 5   each year, resulting in approximately 16,000 

 6   injuries; and 

 7                "WHEREAS, Since the first recorded 

 8   death in 1791, more than 20,000 law enforcement 

 9   officers in the United States have made the 

10   ultimate sacrifice and been killed in the line of 

11   duty; and 

12                "WHEREAS, The names of these 

13   dedicated public servants are engraved on the 

14   walls of the National Law Enforcement Officers 

15   Memorial in Washington, D.C.; and 

16                "WHEREAS, New names of fallen heroes 

17   are being added to the National Law Enforcement 

18   Officers Memorial this spring, including 135 

19   officers killed in 2016; this is a 10 percent 

20   increase over the 123 who died in the line of 

21   duty in 2015, and is the highest total since 

22   2011, when 177 officers made the ultimate 

23   sacrifice; and 

24                "WHEREAS, The service and sacrifice 

25   of all officers killed in the line of duty will 


                                                               2657

 1   be honored during the National Law Enforcement 

 2   Officers Memorial Fund's 29th Annual Candlelight 

 3   Vigil, on the evening of May 13, 2017; and 

 4                "WHEREAS, May 15, 2017, is 

 5   designated as Peace Officers Memorial Day, in 

 6   honor of all fallen officers and their families; 

 7   and 

 8                "WHEREAS, It is the sense of this 

 9   Legislative Body to commend the long-standing  

10   efforts of law enforcement in the State of 

11   New York which diligently contributes to the 

12   efficient operation of our criminal justice 

13   system; now, therefore, be it 

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to memorialize 

16   Governor Andrew M. Cuomo to proclaim May 14-20, 

17   2017, as Police Week in the State of New York; 

18   and be it further 

19                "RESOLVED, That copies of this 

20   resolution, suitably engrossed, be transmitted to 

21   the Honorable Andrew M. Cuomo, Governor of the  

22   State of New York, the National Law Enforcement 

23   Officers Memorial Fund, the Concerns of Police 

24   Survivors, the Fraternal Order of Police, 

25   New York State Troopers PBA, New York State 


                                                               2658

 1   Police Investigators Association, Police 

 2   Conference of New York, New York State 

 3   Association of Chiefs of Police, New York State 

 4   Sheriffs Association, Police Benevolent 

 5   Association of New York State, Detectives' 

 6   Endowment Association of New York City, and 

 7   New York State Association of PBAs."

 8                ACTING SENATOR CROCI:   Senator 

 9   Gallivan.

10                SENATOR GALLIVAN:   Thank you, 

11   Mr. President.

12                We know that there are roughly 

13   900,000 law enforcement officers serving 

14   communities across the United States, dedicated 

15   public servants committed to keeping our 

16   communities and residents safe.  We also know 

17   they put their lives on the line each and every 

18   single day.  

19                Unfortunately, thousands are 

20   injured, and some pay the ultimate sacrifice.  

21   Last year, across the country, 135 law 

22   enforcement officers died protecting our families 

23   and our communities.  

24                Last week, many of us attended 

25   ceremonies where we honored and memorialized the 


                                                               2659

 1   law enforcement officers from across New York 

 2   State at every level -- local, state and 

 3   federal -- who died while serving our 

 4   communities.  

 5                And so as we celebrate National 

 6   Police Week, because of their service and 

 7   sacrifice, it's appropriate in this chamber that 

 8   we honor the contribution of law enforcement 

 9   officers in New York State and proclaim this 

10   Police Week in the State of New York.  

11                And I would like to thank our 

12   friends in law enforcement who represent police 

13   officers across the state by virtue of the 

14   organizations that they are a part of, for what 

15   they do, what they do on a daily basis, those 

16   past and present.  

17                And I'm thrilled to be here from a 

18   law enforcement family honoring law enforcement, 

19   and I thank all of my colleagues for doing the 

20   same.

21                Thank you, Mr. President.

22                ACTING SENATOR CROCI:   Senator 

23   Kennedy.

24                SENATOR KENNEDY:   Thank you, 

25   Mr. President.


                                                               2660

 1                First of all, I want to thank my 

 2   colleague Senator Gallivan for bringing this to 

 3   the floor today.

 4                I want to thank our friends in law 

 5   enforcement for being here today, and for all 

 6   those men and women in blue all across the great 

 7   State of New York who risk their lives every 

 8   single day to protect us, oftentimes running into 

 9   the scene of a crime when they are putting their 

10   themselves at risk in the line of fire and 

11   running in when everyone else is running out; 

12   running toward the scene of an accident or crime 

13   when everyone else is running for cover.

14                And we owe those men and women in 

15   blue a tremendous debt of gratitude, especially 

16   those that have paid the ultimate sacrifice, 

17   protecting us in our respective communities.  

18                As the grandson of a Buffalo police 

19   officer, and coming from a family of law 

20   enforcement, I recognize that those individuals 

21   are individuals that pride themselves on the work 

22   that they do, oftentimes thankless work.  And 

23   when they return home, they often continue to 

24   fight the battles that they fought in the street 

25   during the day at home when they're with their 


                                                               2661

 1   family.

 2                So it's with utmost respect that we 

 3   pay our respects to those in the line of duty.

 4                Thank you, Mr. President.

 5                ACTING SENATOR CROCI:   To the 

 6   members of law enforcement who are with us today 

 7   in the gallery, we extend all the privileges and 

 8   courtesies of the house.  And we ask that you 

 9   take back to your communities and to your members 

10   the gratitude of this body and this state.

11                And if you would please rise and be 

12   recognized on behalf of your members and your 

13   communities.

14                (Standing ovation.)

15                ACTING SENATOR CROCI:   The 

16   resolution having been previously adopted, 

17   Senator Gallivan has opened it for cosponsorship.  

18   If you would like to be a cosponsor, please 

19   notify the desk.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Yes, and that 

22   also holds true as far as cosponsorship for the 

23   first resolution, by Senator Flanagan.

24                ACTING SENATOR CROCI:   If you would 

25   like to be a cosponsor of the Veterans Hall of 


                                                               2662

 1   Fame resolution, please notify the desk.  

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Would you now 

 4   take up previously adopted Resolution 2030, by 

 5   Senator Amedore, read the title only, and call on 

 6   Senators Amedore, Akshar and Jacobs to speak, in 

 7   that order.

 8                ACTING SENATOR CROCI:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 2030, by Senator Amedore, 

12   memorializing Governor Andrew M. Cuomo to 

13   proclaim May 14-20, 2017, as Prevention Week in 

14   New York State, in conjunction with the 

15   observance of National Prevention Week.

16                ACTING SENATOR CROCI:   Senator 

17   Amedore.

18                SENATOR AMEDORE:   Thank you, 

19   Mr. President.

20                And today and this week is very 

21   important for understanding one thing, that we 

22   have a major problem that we face throughout 

23   every single community in the State of New 

24   York -- as a matter of fact, around this great 

25   nation of ours -- and that's addiction.  And the 


                                                               2663

 1   scourge of addiction that we face, we try to 

 2   fight it every single day with the work that 

 3   we've been doing in this chamber as well as laws 

 4   that we enacted last year and appropriations that 

 5   have been spent on services and prevention as 

 6   well as much-needed recovery programs.

 7                But without recognizing National 

 8   Prevention Week, we would be failing to thank and 

 9   to really understand that we need to do 

10   everything possible and make sure that we know 

11   that prevention is the key to recovery.  Or 

12   preventing someone from even going down that path 

13   and that road.

14                So today in the chamber we have some 

15   very special guests.  Up in the gallery we have 

16   the Hamilton-Fulton-Montgomery Prevention 

17   Council, we have Creative Connections Clubhouse, 

18   we have the Choices Program.  We have the 

19   Schenectady School District, we have the 

20   Archdiocese Drug Abuse Prevention Program, we 

21   have OASAS.  These are some of the fine 

22   organizations and individuals who have been 

23   helping us all fight this scourge of addiction.

24                And when you look at addiction, we 

25   know that it comes in many different shapes.  But 


                                                               2664

 1   in one form or another, it touches everyone.  

 2                And so I want to thank them.  And 

 3   there's some fine students up in the gallery who 

 4   attend one of the Creative Connections Clubhouses 

 5   that I was able to attend and to meet and to know 

 6   and to see the difference that that service has 

 7   already provided for them.  To prevent them from 

 8   continuing to use or forever using has made a big 

 9   difference, because they are our future leaders.  

10                And I want to congratulate them for 

11   the fine work and the leadership effort that they 

12   are putting in their community, stepping out, 

13   being bold.  And to not go and fall to peer 

14   pressure, but to stand the line in saying no, we 

15   will not touch such substances that will harm our 

16   bodies.  And also to make a difference in your 

17   neighbor's lives.

18                So thank you so much for all that 

19   are helping out in the prevention area.  We 

20   appreciate your hard work, your dedication to 

21   this country and to your neighbors.

22                God bless you all.

23                ACTING SENATOR CROCI:   Senator 

24   Akshar.

25                SENATOR AKSHAR:   Thank you, 


                                                               2665

 1   Mr. President, for your indulgence.  

 2                Senator Amedore, thank you kindly 

 3   for putting forth this resolution.  It's 

 4   incredibly important.  

 5                I would offer that regardless of 

 6   your political persuasion, the heroin and opioid 

 7   crisis is one of the most pervasive issues 

 8   plaguing our communities.  Whether you're in 

 9   Brooklyn, you're in Binghamton, you're in 

10   Plattsburgh or Buffalo, this is an issue that all 

11   of us are dealing with.  

12                And I'd like to say this:  This is a 

13   community issue that requires an entire 

14   community's response.  We're seeing that happen.  

15   To Senator Amedore's point, we have clergy in the 

16   house, we have school districts in the house, and 

17   we have youth, young people who have chosen to be 

18   part of the solution.  

19                I want to specifically recognize the 

20   four of you, and I'm going to ask you to stand, 

21   because it's important.  Ezryn, Hailee, Jeremy 

22   and Keiler are with us.  Please stand.  

23                Ladies and gentlemen, this is the 

24   way the community is supposed to work.  One of 

25   the greatest honors I have had since walking into 


                                                               2666

 1   this great house is being named cochair of the 

 2   Senate's Heroin Task Force on Addiction.  And to 

 3   have partners like each of you is great for folks 

 4   like Senator Amedore and Senator Jacobs, who are 

 5   all cochairs of the task force.

 6                We're seeing -- we're seeing our 

 7   legislative work of last year, we're really 

 8   seeing it come to bear.  And we're starting to 

 9   bear fruit from the labors that we did last year 

10   in a bipartisan fashion.  And these 

11   clubhouses are a perfect example of that.

12                I want to specifically thank the 

13   commissioner of OASAS, who has been a remarkable 

14   partner to the cochairs, to the Senate at large, 

15   to the Assembly.  That's how we're going to be 

16   successful.

17                I am inspired and reinvigorated by 

18   the youth that are with us today, and by the 

19   providers and people who choose to be part of the 

20   solution.

21                So I thank you on behalf of the 

22   people of this great state for your willingness 

23   to step up and be part of the solution.  As I 

24   like to say, not necessarily always on the floor 

25   of the Senate, but teamwork makes the dream work.  


                                                               2667

 1   Right?  And you're part of that team.  

 2                So, Mr. President, I thank the folks 

 3   that are with us and I thank you for your 

 4   indulgence today.

 5                ACTING SENATOR CROCI:   Senator 

 6   Jacobs on the resolution?

 7                (No response.)

 8                ACTING PRESIDENT CROCI:   Very good.  

 9                With that, the Senate would like to 

10   extend, to all of the individuals who have joined 

11   us today in a very difficult field, the 

12   privileges and courtesies of this house and our 

13   gratitude for your commitment to the health of 

14   the people of the State of New York.

15                And with that, if you would please 

16   rise and be recognized by this house.

17                (Standing ovation.)

18                ACTING SENATOR CROCI:   The 

19   resolution having been previously adopted, if 

20   anyone would like to be a cosponsor -- Senator 

21   Amedore has opened it for cosponsorship -- please 

22   notify the desk.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Can we take 

25   up the noncontroversial reading of the calendar, 


                                                               2668

 1   please.

 2                ACTING SENATOR CROCI:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   134, by Senator Carlucci, Senate Print 1643, an 

 6   act to amend the State Administrative Procedure 

 7   Act.

 8                ACTING SENATOR CROCI:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING SENATOR CROCI:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING SENATOR CROCI:   The bill is 

17   passed.

18                THE SECRETARY:   Calendar Number 

19   135, by Senator Ortt --

20                SENATOR DeFRANCISCO:   Lay the bill 

21   aside for the day, please. 

22                ACTING SENATOR CROCI:   The bill is 

23   laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   673, by Senator Seward, Senate Print 1478, an act 


                                                               2669

 1   to amend the Insurance Law.

 2                ACTING SENATOR CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING SENATOR CROCI:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   In relation to 

10   Calendar Number 673:  Ayes 60, Nays, 2.  Senators 

11   Comrie and Sanders recorded in the negative.

12                ACTING SENATOR CROCI:   The bill is 

13   passed.

14                THE SECRETARY:   Calendar Number 

15   811, by Senator Murphy, Senate Print 3751, an act 

16   to amend the State Administrative Procedure Act.

17                ACTING SENATOR CROCI:   Read the 

18   last section.

19                THE SECRETARY:   Section 7.  This 

20   act shall take effect on the first of January.

21                ACTING SENATOR CROCI:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.  Nays, 1.  

25   Senator Krueger recorded in the negative.


                                                               2670

 1                ACTING SENATOR CROCI:   The bill is 

 2   passed.

 3                THE SECRETARY:   Calendar Number 

 4   913, by Senator Young, Senate Print 961, an act 

 5   to amend the Penal Law.

 6                ACTING SENATOR CROCI:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the first of November.

10                ACTING SENATOR CROCI:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   In relation to 

14   Calendar 913:  Ayes, 59.  Nays, 3.  Senators 

15   Comrie, Montgomery and Sanders recorded in the 

16   negative.

17                ACTING PRESIDENT CROCI:   The bill 

18   is passed.

19                Senator DeFrancisco, that completes 

20   the reading of the noncontroversial calendar.

21                SENATOR DeFRANCISCO:   Now that 

22   we're done with the noncontroversial reading -- I 

23   would assume, though I wasn't paying attention -- 

24   could I now call an immediate meeting of the 

25   Finance Committee in Room 332 of the Capitol, 


                                                               2671

 1   immediately followed by a Rules Committee meeting 

 2   in the same room.

 3                ACTING SENATOR CROCI:   There will 

 4   be an immediate meeting of the Finance Committee 

 5   in Room 332, followed by an immediate meeting of 

 6   the Rules Committee in Room 332.

 7                The Senate will stand at ease.

 8                (Whereupon, the Senate stood at ease 

 9   at 4:09 p.m.)

10                (Whereupon, the Senate reconvened at 

11   4:49 p.m.)

12                ACTING SENATOR CROCI:   The Senate 

13   will come to order.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Can we please 

16   return to reports of standing committees for the 

17   report of the Rules Committee.

18                ACTING SENATOR CROCI:   The 

19   Secretary will read.

20                THE SECRETARY:   Senator Flanagan, 

21   from the Committee on Rules, reports the 

22   following bills:  

23                Senate Print 64, by Senator Young, 

24   an act to amend the Penal Law; 

25                Senate 65, by Senator Young, an act 


                                                               2672

 1   to amend the Penal Law; 

 2                Senate 1107, by Senator Young, an 

 3   act to amend the Penal Law;

 4                Senate 5427A, by Senator Young, an 

 5   act to amend the Highway Law; 

 6                Senate 5559, by Senator Alcantara, 

 7   an act to direct; 

 8                Senate 5754, by Senator Peralta, an 

 9   act to direct; 

10                Senate 5795, by Senator Jacobs, an 

11   act to amend the State Administrative Procedure 

12   Act; 

13                Senate 5814, by Senator Ranzenhofer, 

14   an act to amend Part AAA of Chapter 59 of the 

15   Laws of 2017; 

16                Senate 5912, by Senator Jacobs, an 

17   act to amend the State Administrative Procedure 

18   Act; 

19                Senate 5982, by Senator Jacobs, an 

20   act to amend the Legislative Law; 

21                Senate 6095, by Senator Jacobs, an 

22   act to amend the Legislative Law; 

23                Senate 6096, by Senator Young, an 

24   act to direct; and  

25                Senate 6389, by Senator Marchione, 


                                                               2673

 1   an act to amend the State Administrative 

 2   Procedure Act.

 3                All bills reported direct to third 

 4   reading.

 5                SENATOR DeFRANCISCO:   Move to 

 6   accept the report of the Rules Committee.

 7                ACTING SENATOR CROCI:   All in favor 

 8   of accepting the report of the Rules Committee 

 9   please signify by saying aye.

10                (Response of "Aye.")

11                ACTING SENATOR CROCI:   Opposed, 

12   nay.

13                (No response.)

14                ACTING SENATOR CROCI:   The report 

15   is accepted.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   We now have 

18   before us Supplemental Calendar 44A, and we're 

19   going to take up four bills off of that and deal 

20   with those today.  The first is Calendar 974, 

21   then Calendar 977, then Calendar 981 and 

22   Calendar 982.

23                So would you call those bills up in 

24   that order, please.

25                ACTING SENATOR CROCI:   The 


                                                               2674

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   974, by Senator Young, Senate Print 5427A, an act 

 4   to amend the Highway Law.

 5                ACTING SENATOR CROCI:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING SENATOR CROCI:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING SENATOR CROCI:   The bill is 

14   passed.

15                THE SECRETARY:   Calendar Number 

16   977, by Senator Jacobs, Senate Print 5795, an act 

17   to amend the State Administrative Procedure Act.

18                ACTING SENATOR CROCI:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect October 1, 2017.

22                ACTING SENATOR CROCI:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.


                                                               2675

 1                ACTING SENATOR CROCI:   The bill is 

 2   passed.

 3                THE SECRETARY:   Calendar Number 

 4   981, by Senator Jacobs, Senate Print 6095, an act 

 5   to amend the Legislative Law.

 6                ACTING SENATOR CROCI:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING SENATOR CROCI:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                (Pause.)

14                SENATOR DeFRANCISCO:   Can I have 

15   the indulgence of the members --

16                ACTING SENATOR CROCI:   Could 

17   everyone please -- if you're voting in the 

18   negative, please indicate that to the desk clerk.

19                SENATOR DeFRANCISCO:   I just want 

20   to mention we're running out of erasers at the 

21   desk, so if you'd please make up your mind, it 

22   would be helpful.  

23                (Laughter.)

24                (Pause.)

25                ACTING SENATOR CROCI:   Announce the 


                                                               2676

 1   result.

 2                THE SECRETARY:   In relation to 

 3   Calendar 981, those recorded in the negative are 

 4   Senators Hoylman, Krueger, Rivera and Squadron.  

 5                Ayes, 58.  Nays, 4.

 6                ACTING SENATOR CROCI:   The bill is 

 7   passed.

 8                THE SECRETARY:   Calendar Number 

 9   982, by Senator Young, Senate Print 6096, an act 

10   to direct.

11                ACTING PRESIDENT CROCI:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CROCI:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING SENATOR CROCI:   The bill is 

20   passed.

21                Senator DeFrancisco, that completes 

22   the reading of the Rules agenda.

23                SENATOR DeFRANCISCO:   Is there any 

24   further business at the desk?

25                ACTING SENATOR CROCI:   There is no 


                                                               2677

 1   further business before the desk.

 2                SENATOR DeFRANCISCO:   There being 

 3   none, I move to adjourn until Wednesday, 

 4   May 17th, at 11:00 a.m.

 5                ACTING SENATOR CROCI:   On motion, 

 6   the Senate stands adjourned until Wednesday, 

 7   May 17th, at 11:00 a.m.

 8                (Whereupon, at 4:55 p.m., the Senate 

 9   adjourned.)

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