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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 22, 2018
11 3:33 p.m.
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14 REGULAR SESSION
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18 SENATOR ROBERT G. ORTT, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT ORTT: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT ORTT: 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 ORTT: The reading
14 of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 January 21st, the Senate met pursuant to
17 adjournment. The Journal of Saturday,
18 January 20th, was read and approved. On motion,
19 Senate adjourned.
20 ACTING PRESIDENT ORTT: 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.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO:
7 Mr. President, it's great to see you up there at
8 the top.
9 I have a couple of motions. One is
10 that I move that the following bill be discharged
11 from its respective committee and be recommitted
12 with instructions to strike the enacting
13 clause -- it's by Senator Boyle -- Senate Number
14 634.
15 ACTING PRESIDENT ORTT: So ordered.
16 SENATOR DeFRANCISCO: And
17 similarly, I move that the following bills be
18 discharged from their respective committees and
19 be recommitted with instructions to strike the
20 enacting clause. These are Senate Bills 5362 and
21 5495, by Senator Griffo.
22 ACTING PRESIDENT ORTT: So ordered.
23 SENATOR DeFRANCISCO: And could you
24 now recognize Senator Valesky, please.
25 ACTING PRESIDENT ORTT: Senator
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1 Valesky.
2 SENATOR VALESKY: Thank you,
3 Mr. President.
4 On behalf of Senator Avella, I move
5 that the following bill be discharged from its
6 respective committee and be recommitted with
7 instructions to strike the enacting clause:
8 Senate Bill 1512A.
9 ACTING PRESIDENT ORTT: So ordered.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Can we now
12 take up the noncontroversial reading of the
13 calendar.
14 ACTING PRESIDENT ORTT: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number 53,
17 by Senator Phillips, Senate Print 7325, an act to
18 amend the Labor Law.
19 ACTING PRESIDENT ORTT: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT ORTT: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 49.
2 ACTING PRESIDENT ORTT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number 56,
5 by Senator Ortt, Senate Print 7328, an act to
6 amend the Social Services Law.
7 ACTING PRESIDENT ORTT: Read the
8 last section.
9 THE SECRETARY: Section 3. 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 ORTT: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 49.
16 ACTING PRESIDENT ORTT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number 72,
19 by Senator LaValle, Senate Print 3003, an act to
20 amend the Environmental Conservation Law.
21 ACTING PRESIDENT ORTT: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT ORTT: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 49.
4 ACTING PRESIDENT ORTT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number 73,
7 by Senator Griffo, Senate Print 3156, an act to
8 amend the Environmental Conservation Law.
9 ACTING PRESIDENT ORTT: Read the
10 last section.
11 THE SECRETARY: Section 7. This
12 act shall take effect immediately.
13 ACTING PRESIDENT ORTT: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT ORTT: Senator
17 Krueger to explain her vote.
18 SENATOR KRUEGER: Thank you,
19 Mr. President, yes.
20 I am continuing to vote no on this
21 legislation, as I have frequently done in the
22 past, because frankly I don't think 12- and
23 13-year-olds should be using large dangerous
24 weapons going after big game. I think it's a
25 child welfare issue.
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1 And I think that once children hit
2 the age of 14, they are physically and mentally
3 in a different place to handle dangerous weapons
4 and being confronted perhaps with a bear in the
5 woods when they are not able to handle
6 themselves. So I continue to believe 14 should
7 be lowest age in the New York State.
8 I vote no. Thank you,
9 Mr. President.
10 ACTING PRESIDENT ORTT: Thank you,
11 Senator Krueger.
12 Senator Krueger to be recorded in
13 the negative.
14 Announce the result.
15 THE SECRETARY: In relation to
16 Calendar 73, those recorded in the negative are
17 Senators Alcantara, Gianaris, Hoylman, Kavanagh,
18 Krueger, LaValle, Marcellino, Parker, Peralta,
19 Rivera, Sanders, Serrano and Stavisky.
20 Ayes, 42. Nays, 13.
21 ACTING PRESIDENT ORTT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number 86,
24 by Senator Ritchie, Senate Print 2479, an act to
25 authorize.
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1 ACTING PRESIDENT ORTT: Read the
2 last section.
3 THE SECRETARY: Section 6. This
4 act shall take effect immediately.
5 ACTING PRESIDENT ORTT: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT ORTT: Senator
9 Sanders to explain his vote.
10 SENATOR SANDERS: I just wanted to
11 congratulate Senator Ritchie for a good move. We
12 really need to do more study to ensure farming in
13 New York State.
14 Thank you.
15 ACTING PRESIDENT ORTT: Senator
16 Sanders, how do you vote?
17 SENATOR SANDERS: Absolutely yes.
18 ACTING PRESIDENT ORTT: Senator
19 Sanders to be recorded in the affirmative.
20 Announce the result.
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT ORTT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 137, by Senator Peralta, Senate Print 336B, an
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1 act to amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT ORTT: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of September.
6 ACTING PRESIDENT ORTT: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 ACTING PRESIDENT ORTT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 139, by Senator Ortt, Senate Print 706, an act to
14 amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT ORTT: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT ORTT: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55.
23 ACTING PRESIDENT ORTT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 147, by Senator Lanza, Senate Print 7112, an act
2 to amend Chapter 154 of the Laws of 1921.
3 ACTING PRESIDENT ORTT: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect upon the enactment into law
7 by the State of New Jersey.
8 ACTING PRESIDENT ORTT: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 55.
12 ACTING PRESIDENT ORTT: The bill is
13 passed.
14 Senator DeFrancisco, that completes
15 the noncontroversial reading of the calendar.
16 SENATOR DeFRANCISCO: Yes, could
17 you please recognize Senator Kennedy for a very
18 brief introduction.
19 ACTING PRESIDENT ORTT: Senator
20 Kennedy.
21 SENATOR KENNEDY: Thank you,
22 Mr. President.
23 I would just like to take the
24 opportunity to introduce a guest of ours here in
25 this auspicious chamber, our Erie County District
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1 Attorney John Flynn, who is here on business with
2 us today. Not only is this the beginning of his
3 second year as district attorney, for 27 years
4 prior to being elected district attorney in
5 Erie County, he served as an officer in the
6 United States Navy.
7 Please welcome our great district
8 attorney from Erie County.
9 Thank you, Mr. President.
10 (Applause.)
11 ACTING PRESIDENT ORTT: It's a
12 pleasure to welcome a local elected official.
13 Mr. District Attorney, we welcome you to the
14 Senate and extend the full courtesies of the
15 house to you, even as a former naval officer.
16 (Laughter.)
17 DISTRICT ATTORNEY FLYNN: Thank
18 you, sir.
19 (Laughter.)
20 ACTING PRESIDENT ORTT: Senator
21 DeFrancisco.
22 SENATOR DeFRANCISCO: We'll stand
23 at ease for a few minutes. But to let everyone
24 know, we're just waiting to make an introduction,
25 if the person can be found.
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1 (Laughter.)
2 SENATOR DeFRANCISCO: There will be
3 no other business here, and we will be adjourning
4 the session till 12 o'clock tomorrow on
5 January 23rd as soon as that introduction is
6 made. So if you're interested in the
7 introduction, you may stick around.
8 ACTING PRESIDENT ORTT: The Senate
9 will stand at ease temporarily.
10 (Whereupon, the Senate stood at ease
11 at 3:41 p.m.)
12 (Whereupon, the Senate reconvened at
13 3:42 p.m.)
14 ACTING PRESIDENT ORTT: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: Is there any
17 further business at the desk?
18 ACTING PRESIDENT ORTT: There is no
19 more further business at the desk.
20 SENATOR DeFRANCISCO: That being
21 the case, I move to adjourn until Tuesday,
22 January 23rd, at 12:00 p.m.
23 ACTING PRESIDENT ORTT: On motion,
24 the Senate stands adjourned until Tuesday,
25 January 23rd, at 12:00 p.m.
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1 (Whereupon, at 3:43 p.m., the Senate
2 adjourned.)
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