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Tuesday, January 16, 2018

3:22 PMRegular SessionALBANY, NEW YORK
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                                                               149

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 16, 2018

11                      3:22 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR FRED AKSHAR, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25


                                                               150

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

 2                ACTING PRESIDENT AKSHAR:   The 

 3   Senate will come to order.  

 4                I ask everyone present, please rise 

 5   and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT AKSHAR:   In the 

 9   absence of clergy, may we please bow our heads in 

10   a moment of silence.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT AKSHAR:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   January 15th, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, 

18   January 14th, was read and approved.  On motion, 

19   Senate adjourned.

20                ACTING PRESIDENT AKSHAR:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.  


                                                               151

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Mr. Floor Leader.

 6                SENATOR DeFRANCISCO:    

 7   Mr. President, I move that the following bills be 

 8   discharged from their respective committees and 

 9   be recommitted with instructions to strike the 

10   enacting clause.  These are all Senator Young's 

11   bills:  3505, 5389, 5167, 5914, 5191, 5915, 5285, 

12   and 6387A.

13                ACTING PRESIDENT AKSHAR:   So 

14   ordered.

15                SENATOR DeFRANCISCO:   I'd also move 

16   that the following bill, by Senator Little, be 

17   discharged from its respective committee and be 

18   recommitted with instructions to strike the 

19   enacting clause.  That's Senate Bill Number 6176.

20                ACTING PRESIDENT AKSHAR:   So 

21   ordered.

22                SENATOR DeFRANCISCO:   Could you now 

23   recognize Senator Valesky.

24                ACTING PRESIDENT AKSHAR:   Senator 

25   Valesky.


                                                               152

 1                SENATOR VALESKY:   Thank you, 

 2   Mr. President.  

 3                I move that the following bills be 

 4   discharged from their respective committees and 

 5   be recommitted with instructions to strike their 

 6   enacting clauses:  Senate Bills 1324A, 4480, and 

 7   5918.

 8                ACTING PRESIDENT AKSHAR:   So 

 9   ordered.

10                Mr. Floor Leader.

11                SENATOR DeFRANCISCO:    

12   Mr. President, there's a privileged resolution by 

13   Senator Phillips, 3390.  Could you please read it 

14   in its entirety and call on Senator Phillips to 

15   speak.

16                ACTING PRESIDENT AKSHAR:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 3390, by Senator Phillips, 

20   memorializing Governor Andrew M. Cuomo to 

21   proclaim January 13, 2018, as Korean American Day 

22   in the State of New York.  

23                "WHEREAS, It is the sense of this  

24   Legislative Body to recognize official days that 

25   are set aside to pay tribute to those who foster 


                                                               153

 1   ethnic pride and enhance the profile of cultural 

 2   diversity which strengthen the fabric of the 

 3   communities of New York State; and 

 4                "WHEREAS, Attendant to such concern, 

 5   and in full accord with its long-standing 

 6   traditions, this Legislative Body is justly proud  

 7   to memorialize Governor Andrew M. Cuomo to 

 8   proclaim January 13, 2018, as Korean American Day 

 9   in the State of New York, in conjunction with the 

10   observance of National Korean American Day; and 

11                "WHEREAS, January 13th was declared 

12   Korean American Day in 2003 by the United States 

13   Congress as a day on which the contributions of 

14   Korean Americans should be recognized and 

15   celebrated; and 

16                "WHEREAS, In December of 1902, a 

17   group of 102 Korean immigrants embarked on a 

18   dangerous cross-Pacific voyage on the S.S. Gaelic 

19   to land in Honolulu, Hawaii, on January 13, 1903; 

20   and 

21                "WHEREAS, Over the next three years, 

22   approximately 1,000 Koreans entered the 

23   United States through San Francisco following 

24   countrymen who had established homes, educated 

25   their children, and established native language  


                                                               154

 1   publications; they gradually migrated to the 

 2   eastern United States, where subsequent 

 3   generations of Korean Americans established 

 4   themselves in new communities; and 

 5                "WHEREAS, As patriotic citizens, 

 6   Korean Americans served with distinction in the 

 7   United States Armed Forces during World Wars I 

 8   and II, the Korean conflict, the Vietnam War and 

 9   in the Middle East conflicts; and 

10                "WHEREAS, The federal Immigration 

11   and Nationality Act of 1965 opened the door for 

12   new Korean immigrants who have become one of the 

13   fastest-growing groups of Asian Americans to 

14   settle in the United States; and 

15                "WHEREAS, Since their arrival more 

16   than 100 years ago, Korean Americans have made 

17   outstanding contributions throughout American 

18   society; their rich cultural heritage and 

19   traditions have contributed greatly to the 

20   quality of life for residents of New York; and 

21                "WHEREAS, Korean-owned businesses 

22   generate nearly $80 billion annually in the 

23   United States, with New York State having the 

24   second-largest number of Korean-owned businesses 

25   in the country; many Korean Americans live and 


                                                               155

 1   work in Queens; through their hard work and 

 2   tenacious effort, they have helped create a 

 3   thriving multicultural community; and 

 4                "WHEREAS, It is duly fitting that 

 5   all New Yorkers join in these important 

 6   celebrations of one of our state's most vibrant 

 7   communities; this much anticipated observance and 

 8   its accompanying activities will foster greater 

 9   appreciation for Korean culture and serve to 

10   promote the spirit of cooperation that is 

11   characteristic of all citizens of New York State; 

12   now, therefore, be it 

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to memorialize 

15   Governor Andrew M. Cuomo to proclaim January 13, 

16   2018, as Korean American Day in the State of 

17   New York, and to honor the contributions of 

18   Korean Americans in the United States and 

19   New York; and be it further 

20                "RESOLVED, That copies of this 

21   resolution, suitably engrossed, be transmitted to 

22   the Honorable Andrew M. Cuomo, Governor of the 

23   State of New York; the Korean American 

24   Association of New York; the Korean American 

25   Association of Queens; the Korean American Civic 


                                                               156

 1   Empowerment Association; Korean Community 

 2   Services; and the Korean American Family Service 

 3   Center."

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Phillips on the resolution.

 6                SENATOR PHILLIPS:   Thank you, 

 7   Mr. President.

 8                To my colleagues here today, and our 

 9   Korean guests:  Annyeong hashimnikka.  It is my 

10   great privilege to rise today in honor of this 

11   resolution recognizing and commemorating 

12   January 13th as Korean American Day in the State 

13   of New York.

14                For many of you, you know this is 

15   really a special honor for me.  I have spent the 

16   last close to 22 years training in Korean martial 

17   arts, so for me to be able to honor those 

18   dignitaries and welcome the Taekwondo Demo Team 

19   is truly something special.  So thank you.

20                And today we are honored in the 

21   chamber with some very special guests, and I'm 

22   going to ask them to stand.  

23                The Honorable Dung Sup Lee, member 

24   of the National Assembly of the Republic of Korea 

25   and chairperson of the National Assembly 


                                                               157

 1   Taekwondo Federation.  Dong-Joo Park, chairman of 

 2   the Unification Advisory Council of New York.  

 3   Jae Sun Myung, chairman of the board, National 

 4   Assembly Taekwondo Federation.  And my 

 5   constituent and friend, Minsun Kim, president of 

 6   the Korean American Association of Greater 

 7   New York.  Thank you. 

 8                We also have in the --

 9                (Applause.)

10                SENATOR PHILLIPS:   Yes, please, 

11   thank you.  

12                (Standing ovation.) 

13                SENATOR PHILLIPS:   We also have in 

14   the gallery members of KAAGNY, people who have 

15   traveled with the delegation, and the Korean 

16   National Taekwondo Demo Team, who if you didn't 

17   see it, did an amazing two presentations this 

18   morning.  So thank you very much.  Thank you 

19   again for traveling all the way to the State 

20   Capitol.  

21                Over the weekend, I had the honor of 

22   attending the 58th annual KAAGNY gala, which 

23   benefits the Museum of Korean American Heritage 

24   in Manhattan.  This year's gala theme was "The 

25   Spirit of Korean Americans."  It is that very 


                                                               158

 1   spirit that we are celebrating here today.  With 

 2   this resolution, we not only recognize the 

 3   arrival of Korean immigrants to the United States 

 4   well over a century ago, but we also honor the 

 5   Korean Americans' immense contribution to every 

 6   aspect of our society.

 7                Through courage and determination, 

 8   early Korean immigrants came to our country 

 9   seeking the American dream and, in doing so, not 

10   only found a better way of life for their 

11   families, but provided a far-reaching influence 

12   to our state and to our nation.

13                New York is home to the 

14   second-largest Korean American population in our 

15   country, a population that is made up of 

16   political and community leaders, entrepreneurs, 

17   educators, small business owners, fashion 

18   leaders, culinary artists, and professional 

19   athletes.

20                Korean Americans have made a 

21   significant and positive impact on our culture 

22   and our economy and in our communities.  By 

23   recognizing the Korean American immigration story 

24   and the many contributions and accomplishments 

25   since the first immigrants graced our shores 


                                                               159

 1   115 years ago, we are celebrating diversity and 

 2   the great value added by the Korean Americans to 

 3   the historical tapestry of our state and of our 

 4   country.

 5                So kamsamida.

 6                (Applause.)

 7                ACTING PRESIDENT AKSHAR:   Thank 

 8   you, Senator Phillips.

 9                Senator Stavisky.

10                SENATOR STAVISKY:   Thank you, 

11   Mr. President.

12                And welcome to our colleagues from 

13   the National Assembly:  Annyeong haseyo, which 

14   means "welcome."

15                (Applause from the gallery.)

16                SENATOR STAVISKY:   And to the 

17   people who have joined us in the gallery, many of 

18   you live in my district, and I am so proud to be 

19   your State Senator.

20                As Senator Phillips said, it's been 

21   115 years since the first immigrants came to 

22   Hawaii and then to the mainland of the 

23   United States.  And it's been very difficult.  

24   They fought side by side with our soldiers and 

25   sailors in World War One, World War Two, Korea, 


                                                               160

 1   and Vietnam.  Side by side.  

 2                And I go to many events in Queens 

 3   where the veterans have come together to 

 4   celebrate the unity, the friendship that exists 

 5   between the United States and the Republic of 

 6   Korea.

 7                But this immigration has not been 

 8   easy.  It's been very difficult.  True that 

 9   115 years ago the first groups arrived in the 

10   United States but shortly after that, in 1924, we 

11   had a terribly restrictive immigration policy 

12   where people were denied entrance to the 

13   United States, they were denied access.  And this 

14   continued for many, many years.  

15                And it's particularly important 

16   because during the Second World War, Korea was 

17   occupied and people in Korea suffered tremendous 

18   deprivation with the occupation, particularly 

19   women who were forced into slavery, in a sense.  

20   And this has obviously been reversed in 1964 or 

21   '65 when our immigration laws did change.

22                But it's the Museum of Korean 

23   American Heritage in Manhattan which recognized 

24   some of the problems facing our friends from 

25   Korea.  And they to their credit erected a statue 


                                                               161

 1   a couple of years ago to the so-called "comfort 

 2   women," the women who were enslaved -- not just 

 3   Korean women, but somewhere between -- the 

 4   numbers vary, somewhere between 80,000 and 

 5   200,000 people from the Asian Pacific area, the 

 6   13 countries, but primarily from Korea.  And that 

 7   statue, called the Statue of Peace, I think is 

 8   really a testimony to the comfort women and to 

 9   the problems that they have suffered.

10                But with the new immigration coming 

11   in the 1960s and '70s, many of them came to 

12   Queens, and we are that much richer for their 

13   choosing to come to our communities.  They are 

14   small business people, they own their businesses, 

15   they work hard, they provide a tremendous 

16   cultural heritage.  They work in the community.  

17                The organizations that were 

18   mentioned in the resolution, they're wonderful 

19   organizations.  They provide social services.  I 

20   know each and every one of them well.  I've been 

21   to their facilities, whether it be senior centers 

22   or victims of domestic violence or children, 

23   people with disabilities, they do just a 

24   wonderful, wonderful job that government cannot 

25   replicate.


                                                               162

 1                And we gather here together to pay 

 2   tribute to the community at large because we work 

 3   together on so many issues.  And one of the 

 4   important issues where the American and Korean 

 5   community work together was the creation of the 

 6   Lunar New Year school holiday.  And we could not 

 7   have done it without the help of the Chinese 

 8   American community, but also the Korean American 

 9   community.  

10                And as a result, as we celebrate the 

11   Lunar New Year next month -- in Flushing, the 

12   celebrations have already started -- families 

13   will not have to choose between sending their 

14   child to school and celebrating their heritage; 

15   the schools will be closed.  And I think that is 

16   really a testimony to the entire community 

17   working together.

18                So let me summarize by saying we are 

19   a community that welcomes diversity.  We welcome 

20   immigrants.  We provide a shelter for people who 

21   are coming here for a better life.  And I think 

22   our country and our community is so much better 

23   for it, for being a welcoming society.

24                And so as we celebrate the Year of 

25   the Dog that's coming up, may I wish everybody a 


                                                               163

 1   very happy Lunar New Year.  Saehae bog manhi 

 2   badeuseyo.  Annyeong haseyo.  Kamsamida.

 3                (Applause from the gallery.)

 4                ACTING PRESIDENT AKSHAR:   Thank 

 5   you, Senator Stavisky.

 6                Senator Larkin.

 7                SENATOR LARKIN:   Thank you, 

 8   Mr. President.  

 9                And welcome to your new country.  I 

10   had the distinct privilege to go and visit your 

11   country on the 15th of July, 1950, with the 

12   25th Infantry Division.  And as many of you heard 

13   and you've read in your own history, you know 

14   that we were punched into that little place that 

15   we called Pusan.  But you didn't give up, we 

16   didn't give up, and we moved forward.

17                One of the things that I know today 

18   that I didn't know then -- and I was talking to 

19   your friends here -- they used to be trying to 

20   tell us, when we were in North Korea, "You're 

21   freezing.  You know why you're freezing?  You're 

22   not putting anything underneath here.  Go get 

23   some straw."  We dumb Americans were looking on 

24   putting something on top of our chests or our 

25   legs, and we're suffering for it today.  


                                                               164

 1                And I also heard stories about, 

 2   well, when the kimchi was smelling right, we 

 3   picked it up and moved.  No, we didn't.  We did 

 4   it together.

 5                I had a squad assigned to my 

 6   company -- wonderful, people who were proud of 

 7   their country.  And why were they proud?  Because 

 8   they wanted to have something better than 

 9   communist dictators over what kind of a life they 

10   would have.

11                My own family, we have two little 

12   children -- not little anymore -- they were born 

13   in Korea.  And now I have a young Korean girl 

14   who's beautiful, and she married an Irishman from 

15   Poland.  Now, you tell me how you do that.  

16   They've been back there.  They talk about what 

17   part of the country it was.  I haven't been back 

18   to Korea -- oh, yes, I was.  I was in a hospital 

19   from February to May because of my injuries.  I 

20   went back -- anybody here remember the 

21   Imjin River, where we had the tanks in the water 

22   and the bridge over it so we could go to the 

23   peace talks?

24                You know, your country -- you should 

25   be proud of it.  Because why is it so?  I have a 


                                                               165

 1   picture at home now, and that picture shows you a 

 2   little tent.  That was my tent, right outside of 

 3   Seoul.  And outside of Seoul today is the 

 4   Marriott Hotel.  I sure improved that site, 

 5   didn't I?  

 6                (Laughter.)

 7                SENATOR LARKIN:   But you know, the 

 8   principles that you live on -- there's a great 

 9   book out now about Korea.  There's a book out now 

10   that tells you from the day we started the fight 

11   when the North Koreans came down and swept across 

12   the line.  But you never gave up.  And that's the 

13   thing today in this world; we don't know when to 

14   move and when to shove and when to push.  Korea 

15   is an example of how you can be a good democratic 

16   committee -- I don't mean that for Senators, by 

17   the way, Mike.  Nobody understands that.  

18                (Laughter.)

19                SENATOR LARKIN:   So thank you for 

20   coming to visit us here today.  But remember one 

21   thing.  Don't forget where you came from.  But 

22   always remember the United States of America 

23   accepted you, and we're still there fighting for 

24   you.  There's 29,000 U.S. troops in Korea today, 

25   and we've been there since July of 1950.


                                                               166

 1                Welcome, and thank you, and God 

 2   bless each and every one of you.

 3                (Applause from the gallery.)

 4                ACTING PRESIDENT AKSHAR:   Thank 

 5   you, Senator Larkin.

 6                Senator Flanagan.

 7                SENATOR FLANAGAN:   Mr. President, 

 8   thank you.

 9                So I'm delighted to be walking in.  

10   I want to thank Senator Phillips for her terrific 

11   continued efforts to welcome our international 

12   guests.

13                So this morning I got a chance to go 

14   down to an event -- Senator Tedisco was there, 

15   Senator Little, Senator Marchione.  We had a 

16   number of our colleagues who attended to not only 

17   welcome your delegation, but to see your 

18   students.  

19                So I learned that -- and thank 

20   goodness I can do this every day.  I learned from 

21   my own mistakes.  So I made a mistake this 

22   morning.  I was speaking with reverence about our 

23   colleague Senator Phillips.  But she got up and 

24   spoke and talked about her work in the area of 

25   taekwondo, and she spoke about spirituality and 


                                                               167

 1   respect.  And I didn't think of that properly at 

 2   the time.  

 3                So this morning -- our students are 

 4   still here, correct?  Yes.  Would you do me a 

 5   favor?  Would all of you please stand up?  

 6                Okay.  So these young men and women 

 7   came in, and they gave a fabulous demonstration.  

 8   You can all sit down now, it's okay, I promise.

 9                So the point I want to make was what 

10   they did was they put their -- and I hope I'm 

11   saying it correctly -- their belts on the floor, 

12   and they were laid a very particular way.  And it 

13   was, I think it was -- Elaine is going to correct 

14   me where I'm wrong, but they were laid side over 

15   side, and they gave us a demonstration about the 

16   study of taekwondo.  

17                And you know, I'm thinking of 

18   Senator DeFrancisco, Senator Young, anyone who's 

19   been to a hearing room, especially during the 

20   budget hearings, for someone to come in and do 

21   back flips in such a small place is an 

22   achievement.

23                So what I wanted to do was say thank 

24   you to our young men and women in particular for 

25   their grace, their dignity, their respect.  And I 


                                                               168

 1   also want to welcome you, because maybe at some 

 2   point we'll get a trip over to Korea, but you're 

 3   going to be hard-pressed to find a place that's 

 4   more impressive than this legislative body right 

 5   here.  

 6                To all of you young men and women, 

 7   thank you.  To my colleague Senator Phillips, 

 8   thank you.  To our delegation, who presented me, 

 9   for whatever unknown reason other than just 

10   graciousness and courtesy, a plaque today, this 

11   is the kind of stuff that we should be talking 

12   about.  We got a chance to listen to Colonel 

13   Larkin.  

14                And I want to welcome all of you, 

15   and I hope that you feel that you are being 

16   accorded the greatest courtesies while you're 

17   visiting here.

18                And to our -- where is our consulate 

19   general?  Is he -- he had to go back, okay.  But 

20   he just started a couple of weeks ago.  

21                So to all of you, please stand up 

22   again.  Just I want to say thank you for being 

23   here and welcome you to our great state capital, 

24   Albany, New York.  Thanks.

25                (Standing ovation.)


                                                               169

 1                ACTING PRESIDENT AKSHAR:   Thank 

 2   you, Senator Flanagan.

 3                The question is on the resolution. 

 4   All in favor signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT AKSHAR:   Opposed, 

 7   nay.

 8                (No response.)

 9                ACTING PRESIDENT AKSHAR:   The 

10   resolution is adopted.

11                Mr. Floor Leader.

12                SENATOR DeFRANCISCO:   Yes, could 

13   you please open that up for cosponsorship.

14                ACTING PRESIDENT AKSHAR:   The 

15   resolution is open for cosponsorship.

16                SENATOR DeFRANCISCO:    

17   Mr. President, there's another privileged 

18   resolution by Senator Phillips, 3399.  Would you 

19   please read the title only and then call on 

20   Senator Phillips to speak.

21                ACTING PRESIDENT AKSHAR:   The 

22   Secretary will read the title only.

23                THE SECRETARY:   Legislative 

24   Resolution Number 3399, by Senator Phillips, 

25   congratulating the Republic of Korea upon the 


                                                               170

 1   occasion of hosting the 2018 Winter Olympics, and 

 2   to wish them a successful and peaceful Olympic 

 3   Games.

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Phillips on the resolution.

 6                SENATOR PHILLIPS:   Yes, thank you 

 7   again, Mr. President.  I promise to be quick.  

 8                So every two years the world comes 

 9   together through sports and culture at the 

10   Olympic Winter and Summer Games.  And in just a 

11   few weeks -- I know I'm anticipating it, so I'm 

12   sure you all are -- all eyes will be on South 

13   Korea as it hosts the 23rd Winter Olympic Games 

14   in PyeongChang.  

15                Just as a bit of history, during the 

16   ancient Greek Olympics, a truce period was called 

17   during the games which provided peace and allowed 

18   athletes, artists, families and pilgrims to 

19   safely participate and travel from and back to 

20   their respective countries.  

21                In modern times, the theme of peace 

22   and harmony continues.  The International Olympic 

23   Committee actively searches to find peaceful and 

24   diplomatic solutions to conflicts around the 

25   world.  And the games provide a time for dialogue 


                                                               171

 1   and reconciliation, void of political and 

 2   religious influence, a relevant and important 

 3   objective in our current world.

 4                South and North Korea senior 

 5   officials recently held a summit for the purpose 

 6   of holding a successful Winter Olympics.  And in 

 7   a promising move, North Korea agreed to 

 8   participate in the games by sending a delegation 

 9   of athletes, a cheering squad, and high-ranking 

10   officials.  We should all congratulate North and 

11   South Korea for this successful move forward.  

12                And I know I speak on behalf of my 

13   colleagues when I say we all hope that a peaceful 

14   PyeongChang Olympics will lead to a more peaceful 

15   Korean peninsula.  And I applaud those of you 

16   working towards this goal.  Thank you.

17                One thing I have to say.  Since we 

18   have the National Assembly and the Taekwondo Demo 

19   Team as our guests today, I have to give you a 

20   little history about taekwondo and the Olympics.  

21   While taekwondo is a summer Olympic sport, the 

22   martial art made its debut as a demonstration of 

23   Olympic support at the Seoul games in 1998 and 

24   became an official medal sport at the 2000 Sydney 

25   games.  


                                                               172

 1                But there's something special about 

 2   this, because Mrs. Kim, Minsun Kim, who is here 

 3   with us today, has a very special connection to 

 4   this sport.  Her father-in-law, the late Dr. Un 

 5   Yong Kim, and former vice president of the IOC, 

 6   was the person responsible for bringing taekwondo 

 7   to the Olympics.  Thank you, Minsun Kim.

 8                (Applause.)

 9                SENATOR PHILLIPS:   So I'd like to 

10   congratulate South Korea for hosting this year's 

11   Winter Olympics, and best wishes for a successful 

12   and peaceful games.  Kamsamida.

13                (Applause.)

14                ACTING PRESIDENT AKSHAR:   Thank 

15   you, Senator Phillips.

16                The question is on the resolution.  

17   All in favor signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT AKSHAR:   Opposed, 

20   nay.

21                (No response.)

22                ACTING PRESIDENT AKSHAR:   The 

23   resolution is adopted.

24                Mr. Floor Leader.

25                SENATOR DeFRANCISCO:   Could you 


                                                               173

 1   please open it up for cosponsorship.

 2                ACTING PRESIDENT AKSHAR:   That 

 3   resolution is open to cosponsorship.

 4                SENATOR DeFRANCISCO:   And would you 

 5   now recognize Senator Flanagan.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Flanagan.

 8                SENATOR FLANAGAN:   Mr. President, 

 9   so today is an auspicious day in so many 

10   different ways.  I want to congratulate -- he's 

11   going to kill me for this, but I want to 

12   congratulate Senator Griffo on celebrating his 

13   birthday today, who happens to share a birthday 

14   with my sister Eileen.  My sister, however, is 

15   much younger than Senator Griffo.  

16                (Laughter.)

17                SENATOR FLANAGAN:   Senator Griffo, 

18   happy birthday.

19                (Applause.)

20                ACTING PRESIDENT AKSHAR:   Happy 

21   birthday, Senator Griffo.

22                Mr. Floor Leader.

23                SENATOR DeFRANCISCO:   Could you now 

24   take up the noncontroversial reading of the 

25   calendar.


                                                               174

 1                ACTING PRESIDENT AKSHAR:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 6, 

 4   by Senator Akshar, Senate Print 7278, an act to 

 5   amend the Highway Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the same date and in the 

10   same manner as a chapter of the Laws of 2017.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   The 

15   results?  

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 8, 

20   by Senator Marcellino, Senate Print 7280, an act 

21   to amend the Education Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the same date and in the 


                                                               175

 1   same manner as a chapter of the Laws of 2017.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   The 

 6   results?  

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 13, 

11   by Senator Golden, Senate Print 7285, an act to 

12   amend a chapter of the Laws of 2017.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Results?  

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 31, 

25   by Senator Croci, Senate Print 7303, an act to 


                                                               176

 1   amend a chapter of the Laws of 2017.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   The 

10   results?  

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 32, 

15   by Senator Savino, Senate Print 7304, an act to 

16   amend the Executive Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect on the same date and in the 

21   same manner as a chapter of the Laws of 2017.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Results?  


                                                               177

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 36, 

 5   by Senator Funke, Senate Print 7308, an act to 

 6   amend the State Technology Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the same date and in the 

11   same manner as a chapter of the Laws of 2017.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Results?  

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                Floor Leader, that completes the 

20   noncontroversial reading of the calendar.

21                SENATOR DeFRANCISCO:   There will be 

22   an immediate meeting of the Rules Committee in 

23   Room 332 of the Capitol to deal with a couple of 

24   bills, one of which we will be coming back to 

25   vote on.


                                                               178

 1                ACTING PRESIDENT AKSHAR:   There's 

 2   an immediate meeting of the Rules Committee in 

 3   Room 332 of the Capitol.  

 4                The Senate will stand at ease.

 5                (Whereupon, the Senate stood at ease 

 6   at 3:54 p.m.)

 7                (Whereupon, the Senate reconvened at 

 8   4:03 p.m.)

 9                ACTING PRESIDENT AKSHAR:   The 

10   Senate will come to order.

11                Mr. Floor Leader.

12                SENATOR DeFRANCISCO:   Yes, 

13   Mr. President, is there a Rules Committee report 

14   at the desk?

15                ACTING PRESIDENT AKSHAR:   There is.

16                SENATOR DeFRANCISCO:   Please read 

17   it.

18                ACTING PRESIDENT AKSHAR:   The 

19   Secretary will read.

20                THE SECRETARY:   Senator Flanagan, 

21   from the Committee on Rules, reports the 

22   following bills:  

23                Senate Print 6704, by Senator 

24   Seward, an act to amend the Insurance Law; and 

25                Senate 7408, by Senator Hannon, an 


                                                               179

 1   act to amend the Public Health Law.  

 2                Both bills reported direct to third 

 3   reading.

 4                ACTING PRESIDENT AKSHAR:   Mr. Floor 

 5   Leader.

 6                SENATOR DeFRANCISCO:   Move to 

 7   accept the Rules Committee report.

 8                ACTING PRESIDENT AKSHAR:   All in 

 9   favor of accepting the report from the 

10   Rules Committee signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT AKSHAR:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT AKSHAR:   The 

16   report is accepted.

17                Mr. Floor Leader.

18                SENATOR DeFRANCISCO:    

19   Mr. President, there's a Senate Supplemental 

20   Calendar at the desk, Number 3A.  And there are 

21   two bills on that calendar.  I'd like to just 

22   take up the first one, Calendar Number 158, by 

23   Senator Seward.

24                ACTING PRESIDENT AKSHAR:   The 

25   Secretary will read.


                                                               180

 1                THE SECRETARY:   Calendar Number 

 2   158, by Senator Seward, Senate Print 6704, an act 

 3   to amend the Insurance Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   The 

12   results?  

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                Mr. Floor Leader.

17                SENATOR DeFRANCISCO:   Is there any 

18   further business at the desk?

19                ACTING PRESIDENT AKSHAR:   One 

20   moment, sir.

21                SENATOR DeFRANCISCO:   Okay.

22                (Pause.)

23                ACTING PRESIDENT AKSHAR:   Floor 

24   Leader.

25                SENATOR DeFRANCISCO:    


                                                               181

 1   Mr. President, could you please lay the other 

 2   bill aside, Calendar 159, lay the bill aside for 

 3   the day.

 4                ACTING PRESIDENT AKSHAR:   Calendar 

 5   Number 159 shall be laid aside for the day.

 6                There is no further business at the 

 7   desk.  

 8                SENATOR DeFRANCISCO:   That being 

 9   the case, I move to adjourn until Wednesday, 

10   January 17th, at 11:00 a.m.

11                ACTING PRESIDENT AKSHAR:   On 

12   motion, the Senate stands adjourned until 

13   Wednesday, January 17th, at 11:00 a.m.

14                (Whereupon, at 4:05 p.m., the Senate 

15   adjourned.)

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