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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