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Wednesday, June 28, 2017

2:08 PMExtraordinary SessionALBANY, NEW YORK
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                                                               5614

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 28, 2017

11                     2:08 p.m.

12                          

13                          

14               EXTRAORDINARY SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               5615

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and stand with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask that everyone bow your 

11   heads in a moment of silent reflection and 

12   prayer.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   Is there a 

18   proclamation from the Governor at the desk?

19                ACTING PRESIDENT GRIFFO:   Yes, 

20   there is.

21                SENATOR DeFRANCISCO:   Can we 

22   please have it read at this time.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read the proclamation.

25                THE SECRETARY:   "Pursuant to the 


                                                               5616

 1   power vested in me by Article IV, Section 3 of 

 2   the Constitution, I hereby convene the Senate 

 3   and the Assembly of the State of New York in 

 4   Extraordinary Session, at the Capitol, in the 

 5   City of Albany, on the twenty-eighth day of 

 6   June, two thousand seventeen, at 1:00 p.m., for 

 7   the purpose of considering legislation I will 

 8   submit with respect to:  

 9                "a.  Enacting legislation 

10   memorializing the agreement of the Senate and 

11   the Assembly that would extend mayoral control 

12   of the City School District of the City of 

13   New York for an additional year; specifically, 

14   extending the effectiveness of Chapters 91 of 

15   the Laws of 2002 and 345 of the Laws of 2009 

16   relating to the organization of the City School 

17   District of the City of New York; and 

18                "b.  Such other subjects as I may 

19   recommend.  

20                "Given under my hand and the Privy 

21   Seal of the State in the City of Albany this 

22   twenty-sixth day of June in the year 

23   two thousand seventeen, 

24                "By the Governor, Andrew M. Cuomo."

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               5617

 1   DeFrancisco.

 2                SENATOR DeFRANCISCO:   Yes, could 

 3   we please call the roll to ascertain whether we 

 4   have a quorum.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will call the roll to ascertain a 

 7   quorum.

 8                THE SECRETARY:   Senator Addabbo.

 9                SENATOR ADDABBO:   Here.

10                THE SECRETARY:   Senator Akshar.

11                (No response.)

12                THE SECRETARY:   Senator Alcantara.

13                SENATOR ALCANTARA:   Here.

14                THE SECRETARY:   Senator Amedore.

15                (No response.)

16                THE SECRETARY:   Senator Avella.  

17                (No response.)

18                THE SECRETARY:   Senator Bailey.

19                SENATOR BAILEY:   Present.

20                THE SECRETARY:   Senator Benjamin.

21                SENATOR BENJAMIN:   Here.

22                THE SECRETARY:   Senator Bonacic.

23                SENATOR BONACIC:   Here.

24                THE SECRETARY:   Senator Boyle.

25                (No response.)


                                                               5618

 1                THE SECRETARY:   Senator Breslin.

 2                SENATOR BRESLIN:   Here.  

 3                THE SECRETARY:   Senator Brooks.

 4                SENATOR BROOKS:   Here.

 5                THE SECRETARY:   Senator Carlucci.

 6                SENATOR CARLUCCI:   Present.

 7                THE SECRETARY:   Senator Comrie.

 8                SENATOR COMRIE:   Present.

 9                THE SECRETARY:   Senator Croci.

10                SENATOR CROCI:   Here.

11                THE SECRETARY:   Senator 

12   DeFrancisco.

13                SENATOR DeFRANCISCO:   Here.

14                THE SECRETARY:   Senator Díaz.

15                SENATOR DÍAZ:   Here.

16                THE SECRETARY:   Senator Dilan.

17                (No response.)

18                THE SECRETARY:   Senator Felder.

19                SENATOR FELDER:   Here.

20                THE SECRETARY:   Senator Flanagan.  

21                (Senator Flanagan recorded as 

22   present.)  

23                THE SECRETARY:   Senator Funke.

24                SENATOR FUNKE:   Here.

25                THE SECRETARY:   Senator Gallivan.


                                                               5619

 1                (No response.)

 2                THE SECRETARY:   Senator Gianaris.

 3                SENATOR GIANARIS:   Here.

 4                THE SECRETARY:   Senator Golden.

 5                SENATOR GOLDEN:   Here.

 6                THE SECRETARY:   Senator Griffo.

 7                ACTING PRESIDENT GRIFFO:   Here.

 8                THE SECRETARY:   Senator Hamilton.

 9                SENATOR HAMILTON:   Present.

10                THE SECRETARY:   Senator Hannon.

11                (No response.)

12                THE SECRETARY:   Senator Helming.  

13                SENATOR HELMING:   Here.

14                THE SECRETARY:   Senator Hoylman.

15                (No response.)

16                THE SECRETARY:   Senator Jacobs.

17                SENATOR JACOBS:   Here.  

18                THE SECRETARY:   Senator Kaminsky.

19                SENATOR KAMINSKY:   Here.

20                THE SECRETARY:   Senator Kennedy.

21                (No response.)

22                THE SECRETARY:   Senator Klein.  

23                (Senator Klein was recorded as 

24   present.)

25                THE SECRETARY:   Senator Krueger.


                                                               5620

 1                SENATOR KRUEGER:   Here.

 2                THE SECRETARY:   Senator Lanza.

 3                SENATOR LANZA:   Here.

 4                THE SECRETARY:   Senator Larkin.

 5                SENATOR LARKIN:   Here.

 6                THE SECRETARY:   Senator Latimer.

 7                SENATOR LATIMER:   Here.

 8                THE SECRETARY:   Senator LaValle.

 9                SENATOR LaVALLE:   Here.

10                THE SECRETARY:   Senator Little.

11                SENATOR LITTLE:   Here.

12                THE SECRETARY:   Senator Marcellino.

13                SENATOR MARCELLINO:   Here.

14                THE SECRETARY:   Senator Marchione.

15                SENATOR MARCHIONE:   Here.

16                THE SECRETARY:   Senator Montgomery.

17                SENATOR MONTGOMERY:   Here.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   DeFrancisco, the desk has determined that a 

20   quorum is present.

21                SENATOR DeFRANCISCO:   Excellent. 

22                Has the Governor and the Assembly 

23   been informed that the Senate is ready to 

24   proceed?  

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               5621

 1   DeFrancisco, both the Governor and the Assembly 

 2   have been informed that the Senate is ready to 

 3   proceed.

 4                SENATOR DeFRANCISCO:   I'd like to 

 5   hand up the following resolution and ask for its 

 6   immediate adoption.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.

 9                SENATOR DeFRANCISCO:   It's 

10   Resolution Number 1.

11                THE SECRETARY:   Senate Resolution 

12   1, providing for the introduction of bills in the 

13   Senate during the Extraordinary Session.  

14                RESOLVED, That notwithstanding any 

15   provision of the rules to the contrary, all bills 

16   introduced when the Senate is in Extraordinary 

17   Session shall be by the Committee on Rules or on 

18   message from the Assembly, and shall be referred 

19   to the Committee on Rules of the Senate, with the 

20   exception of any bills making an appropriation, 

21   which shall be referred to the Committee on 

22   Finance of the Senate pursuant to Section 23 of 

23   the Legislative Law.

24                ACTING PRESIDENT GRIFFO:   The 

25   question is on the resolution.  All in favor 


                                                               5622

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT GRIFFO:   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT GRIFFO:   The 

 6   resolution is adopted.  

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Could we 

 9   please stand at ease temporarily.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senate will stand temporarily at ease.

12                (Whereupon, the Senate stood at ease 

13   at 2:13 p.m.)

14                (Whereupon, the Senate reconvened at 

15   2:37 p.m.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Senate will return to order.  

18                Senator DeFrancisco.  

19                SENATOR DeFRANCISCO:   There will be 

20   a Republican conference at 3:00 p.m., and we will 

21   remain at ease until the completion of that 

22   conference.

23                ACTING PRESIDENT GRIFFO:   There 

24   will be a Republican conference at 3:00 p.m. in 

25   Room 332.  


                                                               5623

 1                The Senate will stand at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 2:38 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   7:30 p.m.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senate will come to order.

 8                Senator Flanagan.  

 9                SENATOR FLANAGAN:   Mr. President, 

10   thank you for your indulgence and patience.  

11                I move that the Senate stand 

12   adjourned at the call of the Temporary President.  

13   And my expectation is that we will be here 

14   tomorrow.  We will inform the members as quickly 

15   as possible as to a time certain.  

16                But I move that we adjourn.

17                ACTING PRESIDENT GRIFFO:   The 

18   Senate will stand adjourned at the call of the 

19   Temporary President.

20                The Senate stands adjourned.

21                SENATOR FLANAGAN:   Thank you, 

22   Mr. President.  Thank you, Senator Gianaris.

23                (Whereupon, at 7:30 p.m., the Senate 

24   adjourned.)

25