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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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8
9 ALBANY, NEW YORK
10 January 23, 2018
11 12:20 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, 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 GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise and
5 join 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: The
10 Reverend Donna Elia, the executive director of
11 Troy Area United Ministries in Troy, will give
12 today's invocation.
13 REVEREND ELIA: Let us pray.
14 Holy God, You are our help in ages
15 past and our hope for years to come. We give You
16 thanks for this day, for the opportunity and
17 responsibility it holds.
18 Renew once again the call of each
19 Senator to public service, and pour out an
20 abundance of grace and wisdom upon them as You
21 empower the decisions they make, the work they
22 do, and the people they hold dear.
23 Thank You too for support staff,
24 especially for those whose work often goes unseen
25 and yet undergirds the work of this body.
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1 Let there be collegiality and
2 goodwill even in times of differing perspectives,
3 and help them build bridges of understanding
4 across any issues that might divide them. Give
5 to each the conviction to build a better state
6 and a better world.
7 We pray for violence to cease, for
8 peace to prevail. And may we do justice, love
9 kindness, and walk humbly with You, our God.
10 In Your holy name we pray, amen.
11 ACTING PRESIDENT GRIFFO: The
12 reading of the Journal.
13 THE SECRETARY: In Senate, Monday,
14 January 22nd, the Senate met pursuant to
15 adjournment. The Journal of Sunday,
16 January 21st, was read and approved. On motion,
17 Senate adjourned.
18 ACTING PRESIDENT GRIFFO: Without
19 objection, the Journal will stand approved as
20 read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
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1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Yes,
6 Mr. President, on page 20 I offer the following
7 amendments to Calendar 98, Senate Print 622, by
8 Senator Boyle, and ask that said bill retain its
9 place on the Third Reading Calendar.
10 ACTING PRESIDENT GRIFFO: The
11 amendments are received, and the bill shall
12 retain its place on third reading.
13 SENATOR DeFRANCISCO: Would you
14 please recognize Senator Gianaris.
15 ACTING PRESIDENT GRIFFO: Senator
16 Bailey.
17 (Laughter.)
18 SENATOR BAILEY: Thank you,
19 Mr. President.
20 Senator DeFrancisco, Senator
21 Gianaris and I do favor each other, so I
22 understand.
23 Mr. President, on behalf of Senator
24 Rivera, I move that the following bill be
25 discharged from its respective committee and be
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1 recommitted with instructions to strike the
2 enacting clause: Bill 1096.
3 ACTING PRESIDENT GRIFFO: It is so
4 ordered.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: I don't only
7 not discriminate, I don't distinguish.
8 (Laughter.)
9 SENATOR DeFRANCISCO: Let me see.
10 Can we now announce that there's an
11 Investigations and Government Operations
12 Committee meeting that was scheduled for 12:30
13 that will instead meet immediately following the
14 session.
15 ACTING PRESIDENT GRIFFO: There
16 will be an immediate meeting of the
17 Investigations and Government Operations
18 Committee of the Senate immediately following
19 today's session.
20 SENATOR DeFRANCISCO: I now move to
21 adopt the Resolution Calendar, with the exception
22 of Resolutions 3466 and 3496.
23 ACTING PRESIDENT GRIFFO: All in
24 favor of adopting the Resolution Calendar, with
25 the exception of Resos 3466 and 3496, signify by
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1 saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO: Opposed?
4 (No response.)
5 ACTING PRESIDENT GRIFFO: The
6 Resolution Calendar is adopted.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Could we now
9 take up previously adopted Resolution 3103 and
10 call on me to speak, please.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 THE SECRETARY: Legislative
14 Resolution Number 3103, by Senator DeFrancisco,
15 congratulating the Baldwinsville Girls Varsity
16 Soccer Team upon the occasion of capturing the
17 New York State Public Athletic Association Class
18 AA Championship.
19 "WHEREAS, Excellence and success in
20 competitive team sports can be achieved only
21 through rigorous training, mental and physical
22 discipline, teamwork and a dedicated coaching
23 staff; and
24 "WHEREAS, It is the sense of this
25 Legislative Body to recognize those young
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1 individuals within our community who, by
2 achieving outstanding success in athletic
3 competitions, have inspired and brought great
4 pride to their school district and community; and
5 "WHEREAS, Athletic competition
6 enhances the moral and physical development of
7 the young people of this state, preparing them
8 for the future by instilling in them the value of
9 teamwork, encouraging a standard of healthy
10 living, imparting a desire for success, and
11 developing a sense of fair play and competition;
12 and
13 "WHEREAS, Attendant to such concern,
14 and in full accord with its long-standing
15 traditions, this Legislative Body is justly proud
16 to congratulate the Baldwinsville Girls Varsity
17 Soccer Team upon the occasion of capturing the
18 NYSPHSAA Class AA Championship; and
19 "WHEREAS, Before advancing to the
20 state finals, the Baldwinsville Girls Varsity
21 Soccer Team won the Section III Championship on
22 October 28, 2017, at SUNY Cortland, with a 3-0
23 win over Liverpool; and
24 "WHEREAS, On November 12, 2017, at
25 Cortland High School, the Baldwinsville Girls
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1 Varsity Soccer Team faced off against Massapequa
2 High School, taking home the NYSPHSAA Class AA
3 Championship with a 2-0 victory; the nail-biting
4 win secured the Baldwinsville Girls Varsity
5 Soccer Team's first Class AA State Championship
6 title; and
7 "WHEREAS, The Baldwinsville Girls
8 Varsity Soccer Team previously won the Class A
9 state title in 2002; and
10 "WHEREAS, Athletically and
11 academically, the outstanding players of the
12 Baldwinsville Girls Varsity Soccer Team proved to
13 be a terrific combination of talent, posting a
14 spectacular overall season record of 19-2; and
15 "WHEREAS, No team can succeed
16 without talent throughout its entire roster, as
17 is the case with the Baldwinsville Girls Varsity
18 Soccer Team of Leslie Brooks, Carolyn Brussel,
19 Leah Burrer, Madeline Bush, Kelsey Delola, Peyton
20 Doyle, Michelle Eubank, Trystan Foglia, Jaedyn
21 Frink, Claudia Fuller, Gillian Gipe, Alexis Huff,
22 Hannah Johnson, Kaitlin Kelly, Laura Kick, Graisa
23 Madden, Gwenyth Madden, Hannah Mimas, Fallon
24 Morris, Simone Neivel, Katherine Pascale,
25 Gabrielle Piontkowski, and Meaghan Wilson; and
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1 "WHEREAS, The athletic talent
2 displayed by the Baldwinsville Girls Varsity
3 Soccer Team is due in great part to the efforts
4 of Head Coach Kathy Morse and Assistant Coach
5 Lisa Deil, who are skilled and inspirational
6 mentors, respected for their ability to develop
7 potential into excellence; and
8 "WHEREAS, Coaches Kathy Morse and
9 Lisa Deil did a superb job in guiding, molding
10 and inspiring the members of the Baldwinsville
11 Girls Varsity Soccer Team toward their goals;
12 now, therefore, be it
13 "RESOLVED, That this Legislative
14 Body pause in its deliberations to congratulate
15 the Baldwinsville Girls Varsity Soccer Team upon
16 the occasion of capturing the NYSPHSAA Class AA
17 Championship; and be it further
18 "RESOLVED, That copies of this
19 resolution, suitably engrossed, be transmitted
20 to the aforementioned players and coaches of the
21 Baldwinsville Girls Varsity Soccer Team."
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco.
24 SENATOR DeFRANCISCO: Yes, I want
25 to congratulate the young ladies who are here
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1 from Baldwinsville, in my district. It's truly a
2 great accomplishment.
3 The phrase I like was the phrase in
4 the resolution talking about "academically and
5 athletically." And it seems to me that
6 oftentimes those individuals who dedicate
7 themselves to sports, extracurricular activities
8 and the like, are the busiest-type people, and
9 they always seem to fare best academically as
10 well. They know how to make sure their time is
11 well used and used effectively in all aspects of
12 what they do.
13 But the thing I want to mention,
14 believe it or not, I played sports at one time,
15 okay? And I played a lot of baseball, since I
16 was much younger than you are and all the way
17 through college at Syracuse University. But the
18 thing I remember most, and the people I still am
19 so close with that literally we go golfing in
20 North Carolina in September of every year, from
21 my high school, are those who I played high
22 school sports with.
23 So when you come here together to be
24 honored, I ask you at some point -- not now --
25 but look to your left and to your right. These
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1 young ladies are going to be your best friends
2 for the rest of your life. And it's a great
3 feeling knowing that you played as a team, were
4 successful as a team. And that's what life is
5 all about.
6 It would be nice that people in
7 government played like a team more often, and
8 maybe we'd be as successful in our area of
9 governance as you are in the sports that you
10 excel at.
11 So congratulations, thank you for
12 coming, and I hope you have a great time here in
13 Albany.
14 ACTING PRESIDENT GRIFFO: On behalf
15 of Senator DeFrancisco and all the members of the
16 Senate, we want to extend our congratulations to
17 all the young ladies who are here from
18 Baldwinsville today on attaining the state
19 championship. We appreciate you being here
20 today, we extend the courtesies of the house to
21 you. I'd ask you to all rise and please be
22 recognized.
23 (Standing ovation.)
24 ACTING PRESIDENT GRIFFO: Senator
25 DeFrancisco.
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1 SENATOR DeFRANCISCO: Yes, can we
2 now take up Resolution 3466, by Senator
3 Marchione, title only, and call on Senator
4 Marchione and Senator Tedisco to speak.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read.
7 THE SECRETARY: Legislative
8 Resolution Number 3466, by Senator Marchione,
9 commemorating the 100th anniversary of the
10 Saratoga County Chamber of Commerce on
11 January 25, 2018.
12 ACTING PRESIDENT GRIFFO: Senator
13 Marchione.
14 SENATOR MARCHIONE: Thank you,
15 Mr. President.
16 I'm proud to rise and speak in
17 support of this resolution before us. This
18 coming Thursday, January 25, 2018, marks the
19 100th anniversary of the Saratoga County Chamber
20 of Commerce. Our resolution celebrates this
21 wonderful milestone.
22 One hundred years of service to the
23 community is an incredible achievement. It's a
24 testimony to the hard work, commitment,
25 leadership, and vision of the Saratoga County
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1 chamber, its values and members.
2 On its Twitter page, the Saratoga
3 County Chamber has a saying: "We believe in
4 opening doors and closing deals." Living in,
5 representing, and loving Saratoga County, I know
6 this to be true. The Saratoga County Chamber of
7 Commerce does open doors, it does close deals,
8 and it does make a positive difference throughout
9 the community.
10 The chamber was an incredible
11 partner in our efforts to reprivatize NYRA as a
12 nonprofit to ensure Saratoga remains a
13 world-class destination for horse racing, and to
14 secure horse racing's successful long-term future
15 in New York State. The chamber was there,
16 partnering with me, to get the promise of
17 reprivatization of NYRA finally across the finish
18 line.
19 During our recent hearing on the
20 Department of Labor's proposed scheduling
21 regulation, the chamber shared its concern on how
22 the new rule would hurt Saratoga's businesses. I
23 was proud to enter those comments into the
24 official record.
25 The chamber is comprised of
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1 community members and local business leaders
2 working together to support economic growth and
3 prosperity. It offers its members numerous
4 opportunities, including networking through
5 various events, promotion of each and every
6 business, free and confidential professional
7 support and advice to local owners and
8 entrepreneurs. They're the innovators, the risk
9 takers, the thinkers and the doers. They are the
10 proud, strong backbone of Saratoga's thriving
11 economy. They move mountains, work miracles, and
12 always give back to the community. They are the
13 men and women of the Saratoga County Chamber.
14 Joining us today on the chamber
15 floor are Todd Shimkus -- if you would stand,
16 please -- president of the Saratoga County
17 Chamber of Commerce. Todd is more than just the
18 chamber's president, Todd is an ambassador for
19 Saratoga, advocating, promoting, supporting,
20 educating, and sharing with the rest of our state
21 and the rest of the world all the great things
22 Saratoga has to offer.
23 In addition, we're proud to welcome
24 Brian Straughter, president of Turf Hotels, who
25 is a volunteer chair of the board of directors
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1 for the chamber, and such a respected job creator
2 in our Saratoga community.
3 Todd and Brian, I am honored --
4 we're honored -- that you're here with us today.
5 Congratulations to the Saratoga County Chamber of
6 Commerce on this week's commemoration of its
7 100th anniversary, and here's to 100 more years
8 of opening doors, closing deals, and making a
9 positive difference.
10 Thank you, Mr. President.
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Marchione.
13 Senator Tedisco.
14 SENATOR TEDISCO: Thank you,
15 Mr. President and my colleagues.
16 I'm honored and proud to welcome the
17 leaders of the Saratoga County Chamber of
18 Commerce, President Shimkus and Board President
19 Straughter.
20 And I was thinking here as we sit in
21 the Senate chambers and here in the Legislature,
22 100 years. One hundred years. The only thing
23 that comes to my mind when you think of a hundred
24 years is how long it takes the New York State
25 budget negotiations. But it hasn't turned out as
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1 well in many instances as the Chamber of Commerce
2 has over those years.
3 And then I was thinking to myself,
4 100, that's the most points that anyone has ever
5 scored in an NBA basketball game. And everybody
6 here knows who scored 100 points in an NBA
7 basketball game, right? Wilt "the Stilt"
8 Chamberlain, who happened to be good friends and
9 a roommate of Pat Riley from another part of the
10 49th Senatorial District.
11 But I was also thinking about
12 Saturday Night Live. You've all watched Saturday
13 Night Live, and you've seen Billy Crystal, and he
14 always said, for all those years, as I look at
15 you in the chamber, you look marvelous. Truly,
16 you don't look an age over 75 -- no, no, I'm
17 not -- I'm just kidding.
18 But we are all very proud of the
19 Chamber of Commerce. And my gosh, we have a city
20 and a county that has been mentioned as
21 debt-free. We have a city, when you walk down it
22 seven days of the week, you can hardly stand on
23 the sidewalks without getting bumped off of it.
24 That's the crowds that come to visit one of the
25 greatest small cities in the United States of
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1 America, bar none. We're not only talking about
2 New York, we're talking about the United States
3 of America. And to a great extent, it is because
4 of the great work of the Chamber of Commerce and
5 the volunteers, your board, and all the support
6 you get out there.
7 Many of the towns, villages, and
8 municipalities in the 49th Senatorial, as in
9 Senator Marchione's, support chambers of
10 commerce. But I think you guys really lead the
11 way in terms of how it should be done and how it
12 should be built in terms of helping small
13 business and growing jobs.
14 Over the years the chamber has
15 continued to lead the way in promoting and
16 supporting its business community in the county.
17 And Saratoga being one of the fastest-growing
18 counties in New York State demonstrates how the
19 chamber leads the way in actively supporting and
20 improving the future of its members and its
21 community overall.
22 So congratulations on your
23 centennial celebration, and best wishes for
24 continued success. And, Mr. President, I would
25 ask you to welcome them and offer them all the
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1 cordialities of this august body.
2 We're proud of what you've achieved,
3 but I think the best, in terms of business
4 development and jobs, is yet to come. So thank
5 you so much for your service and your guidance.
6 ACTING PRESIDENT GRIFFO: Senator
7 Tedisco, we are pleased to do that. In fact,
8 we're very pleased that you were able to deliver
9 that in under a hundred minutes.
10 (Laughter.)
11 ACTING PRESIDENT GRIFFO: First,
12 the question is on the resolution. All in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GRIFFO: Opposed?
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 resolution is adopted.
19 If you choose to be a sponsor of the
20 resolution, please notify the desk.
21 I want to extend now the privileges
22 of the house to the Saratoga County Chamber
23 president and chairman. We appreciate you being
24 here and all the good work that you do on behalf
25 of Saratoga County and the State of New York.
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1 So congratulations on your
2 centennial celebration, and the best of luck to
3 you in the future.
4 (Standing ovation.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco. Excuse me. Senator Gallivan.
7 SENATOR GALLIVAN: Thank you,
8 Mr. President.
9 Could you now take up Resolution
10 Number 3496, sponsored by Senator Alcantara, read
11 it in its entirety, and call on Senator Alcantara
12 to speak.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 3496, by Senator Alcantara,
17 memorializing Governor Andrew M. Cuomo to
18 proclaim January 26, 2018, as the 205th
19 anniversary of Juan Pablo Duarte Day in the State
20 of New York.
21 "WHEREAS, The people of the
22 Dominican Republic acquired autonomy and
23 sovereignty on the 27th day of February 1844; and
24 "WHEREAS, The Island of Quisqueya,
25 the indigenous name for what later became the
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1 island of Hispaniola, was the cradle of thinking
2 and advancement in the Western Hemisphere,
3 establishing the first university and cathedral
4 of the New World; and
5 "WHEREAS, On the 26th day of January
6 1813, Juan Pablo Duarte, the founding father of
7 the Dominican Republic, was born; and
8 "WHEREAS, During the month of
9 January 2018, Dominicans will celebrate the 205th
10 anniversary of Juan Pablo Duarte's birth; and
11 "WHEREAS, Juan Pablo Duarte, along
12 with Francisco Del Rosario Sanchez and Ramon
13 Matias Melia, formed La Trinitaria, a secret
14 organization that initiated the movement for the
15 independence of the Dominican Republic; and
16 "WHEREAS, During the month of
17 February 2018, Dominican Nationals and Dominican
18 Americans from throughout the Dominican Republic
19 and the United States will celebrate the
20 independence of the Dominican Republic; and
21 "WHEREAS, Since the 27th day of
22 February 1966, the Instituto Duartiano, Inc., in
23 New York City, has promoted the memory and
24 accomplishments of Juan Pablo Duarte; and
25 "WHEREAS, The Instituto Duartiano is
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1 an organization that is dedicated to maintaining
2 and keeping alive the life and history of Juan
3 Pablo Duarte, the liberator and founder of the
4 Dominican Republic; now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to memorialize
7 Governor Andrew M. Cuomo to proclaim January 26,
8 2018, as Juan Pablo Duarte Day in the State of
9 New York; in recognition of this auspicious
10 occasion, the members of the Instituto Duartiano
11 will visit Albany, New York, on Tuesday,
12 January 23, 2018; and be it further
13 "RESOLVED, That copies of this
14 resolution, suitably engrossed, be transmitted to
15 the Honorable Andrew M. Cuomo, Governor of the
16 State of New York; The Honorable Carlos A.
17 Castillo, Consul General of the Dominican
18 Republic; Bienvenido Lara-Flores, President of
19 the Instituto Duartiano de los Estados Unidos;
20 and Jose Tomas Perez, Ambassador of the Dominican
21 Republic to the United States."
22 ACTING PRESIDENT GRIFFO: Senator
23 Alcantara.
24 SENATOR ALCANTARA: Thank you,
25 everyone.
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1 On the 26th of January of 1813, Juan
2 Pablo Duarte, the founder of the Dominican
3 Republic, was born. During the month of January
4 of 2018, Dominicans will celebrate the 205th
5 anniversary of the birth of Juan Pablo Duarte.
6 Since the 27th of February of 1966,
7 the Instituto Duartiano, Inc., in New York City
8 has promoted the memory and accomplishments not
9 only of Juan Pablo Duarte but also Dominican
10 Americans.
11 The Instituto Duartiano is an
12 organization that is dedicated to maintaining and
13 keeping alive the history of Juan Pablo Duarte,
14 the liberator and founder of the Dominican
15 Republic. Members of the Instituto Duartiano
16 have been coming to Albany since 1996; this is
17 their 23rd year in a row appearing before the
18 legislative body in Albany.
19 I would like to welcome the members
20 of the Instituto Duartiano that are here {in
21 Spanish}: Bienvenido Lara-Flores, president of
22 the Instituto Duartiano de los Estados Unidos;
23 Aura Rosario, secretary of the Instituto
24 Duartiano; and Daisy Cabrera, director of
25 communications.
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1 For us, for those like myself who
2 are Dominicans, this occasion is very important.
3 Dominicans are the second largest -- the largest
4 Latino group in the State of New York. We are
5 also the sixth largest Latino group in the
6 country. For us it's an honor to be here to not
7 only commemorate the birth of Juan Pablo Duarte,
8 but to celebrate the achievement of Dominican
9 Americans and our place in this country.
10 Thank you.
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Alcantara.
13 The question is on the resolution.
14 All in favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO: Opposed?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: The
19 resolution is adopted.
20 We'd like to welcome our guests here
21 today from the institute. Thank you for being
22 here, and we extend all the privileges and the
23 courtesies of the house. Bienvenido.
24 (Standing ovation.)
25 ACTING PRESIDENT GRIFFO: Senator
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1 Gallivan.
2 SENATOR GALLIVAN: Can we now take
3 up previously adopted Resolution Number 3326,
4 sponsored by Senator Tedisco, read its title
5 only, and then call on Senator Tedisco to speak.
6 And then please call on me to speak on the
7 resolution. Thank you.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 3326, by Senator Tedisco,
12 memorializing Governor Andrew M. Cuomo to
13 proclaim January 21 through 27, 2018, as
14 Certified Registered Nurse Anesthetist (CRNA)
15 Week in the State of New York.
16 ACTING PRESIDENT GRIFFO: Senator
17 Tedisco.
18 SENATOR TEDISCO: Thank you,
19 Mr. President.
20 Today up in the top shelves there
21 are those nurse anesthetists. Today I'm happy to
22 welcome to the Senate chamber certified
23 registered nurse anesthetists and students and
24 honor them at CRNA Week, which is this week,
25 January 21st through the 27th.
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1 I'm proud to have this legislative
2 body have these individuals come before us for
3 the great service in healthcare they provide
4 within our community.
5 CRNAs are essential to the American
6 healthcare system by providing high-quality,
7 cost-effective anesthesia care for more than
8 150 years. Nurses first provided anesthesia to
9 wounded soldiers during the Civil War. Since
10 this time period, nurse anesthetists have been
11 the main provider of anesthesia care to United
12 States military personnel on our front lines.
13 Today these men and women serve our soldiers in
14 the Middle East conflicts.
15 CRNAs practice in every setting in
16 which anesthesia is delivered, including
17 traditional hospital surgical settings, delivery
18 rooms, dental offices, and ophthalmologists.
19 They provide care in cities, suburbs, and more
20 importantly, in our rural areas, which really go
21 unattended in a whole variety of ways.
22 Many of these CRNAs are the primary
23 providers of anesthesia care around the world, in
24 every sector where it's needed. Probably
25 everyone in this room has received the
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1 professional care, skill and attention of these
2 individuals. And I believe it is appropriate to
3 recognize them for the invaluable skill and
4 service they provide to New Yorkers.
5 I'd like to have them stand so you
6 can see who they are up there in the balcony.
7 And with us today are Lieutenant Colonel Ed
8 Bonk -- if you're here, raise your hand so we
9 know which is which. Susan Stewart, here with
10 us. Ken Dagles, here with us. Sarah Juedes.
11 Clinton Lange. Michelle Gianetti. Jeff
12 Gaulrapp. And Lauren Schmitt.
13 I want to thank you for the service
14 and the quality of care and the seriousness and
15 dedication you take towards the healthcare of the
16 people of New York State, and your fellow
17 partners around the 50 states and the world. And
18 thank you for making this a better healthcare
19 state because of the education you've been
20 provided and the utilization of you providing
21 your services.
22 Mr. President and my colleagues,
23 that's under a hundred minutes --
24 (Laughter.)
25 SENATOR TEDISCO: And I wish you
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1 would welcome them and offer them all the
2 cordialities of this august Senate body.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Tedisco.
5 Senator Gallivan.
6 SENATOR GALLIVAN: Thank you,
7 Mr. President.
8 I'd like to thank Senator Tedisco
9 for sponsoring this resolution.
10 I have great respect and admiration
11 for the vital role that certified registered
12 nurse anesthetists provide every day. Millions
13 of patients rely on these dedicated men and women
14 to provide professional and quality healthcare.
15 In fact, the service they provide is something
16 that virtually everybody at some point or another
17 depends on.
18 They are highly trained to practice
19 in hospitals, dentist offices, ambulatory
20 centers, doctors' offices, military hospitals, and
21 Veterans Administration facilities across the
22 state and across our country.
23 As a representative of a district
24 that includes many rural communities, I know that
25 CRNAs are often the primary providers of
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1 anesthesia care in rural hospitals and medically
2 underserved areas.
3 We all know that our healthcare
4 industry is constantly changing thanks to new
5 technologies and treatments. The certified
6 registered nurse anesthetist program represents
7 the highest level of training, quality, and care.
8 I'm proud to sponsor legislation to protect the
9 CRNA designation and the critical role that these
10 professionals play in ensuring the best possible
11 care is provided to all New Yorkers.
12 I join all my colleagues in thanking
13 you for your service and calling on the Governor
14 to proclaim this CRNA Week in New York State.
15 Thank you, Mr. President.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator Gallivan.
18 As noted, this resolution was
19 previously adopted on Tuesday, January 9th.
20 We'd like to extend the privileges
21 of the house to all of our visitors, to the CRNAs
22 who are present today. Thank you so much for all
23 of your good work. We extend the privileges of
24 the house.
25 And let's recognize all of them.
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1 (Standing ovation.)
2 ACTING PRESIDENT GRIFFO: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: Thank you,
5 Mr. President.
6 There will be an immediate meeting
7 of the Rules Committee in Room 332.
8 ACTING PRESIDENT GRIFFO: There
9 will be an immediate meeting of the Rules
10 Committee in Room 332.
11 The Senate will stand at ease
12 temporarily.
13 (Whereupon, the Senate stood at ease
14 at 12:48 p.m.)
15 (Whereupon, the Senate reconvened at
16 12:57 p.m.)
17 ACTING PRESIDENT GRIFFO: The
18 Senate will come to order.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Yes, can we
21 now -- there should be a report of the Rules
22 Committee at the desk.
23 ACTING PRESIDENT GRIFFO: There is
24 a report of the Rules Committee at the desk.
25 SENATOR DeFRANCISCO: I move to
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1 accept the report of the Rules Committee.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Senator Flanagan,
5 from the Committee on Rules, reports the
6 following bill:
7 Senate Print 6974A, by Senator
8 Felder, an act to amend the Tax Law.
9 Reported direct to third reading.
10 ACTING PRESIDENT GRIFFO: All in
11 favor of accepting the Committee on Rules report
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO: Opposed?
15 (No response.)
16 ACTING PRESIDENT GRIFFO: The Rules
17 Committee report is accepted, and the bill is
18 before the house.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Yes, can we
21 now take up the noncontroversial reading of the
22 calendar.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number 3,
303
1 by Senator Helming, Senate Print 7275, an act to
2 amend the General Municipal Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the same date and in the
7 same manner as a chapter of the Laws of 2017.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number 14,
15 by Senator Hamilton, Senate Print 7286, an act to
16 amend the Public Housing Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. 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 GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
304
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 18,
4 by Senator Hannon, Senate Print 7290, an act to
5 amend a chapter of the Laws of 2017.
6 ACTING PRESIDENT GRIFFO: 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 GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number 40,
18 by Senator Avella, Senate Print 7312, an act to
19 amend the Social Services Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
305
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 138, by Senator Croci, Senate Print 415A, an act
7 to amend the Highway Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 140, by Senator Funke, Senate Print 1023, an act
20 to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
306
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 142, by Senator Bonacic, Senate Print 1064, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GRIFFO: Senator
17 Bonacic to explain his vote.
18 SENATOR BONACIC: Thank you,
19 Mr. President.
20 I want to thank my colleagues. This
21 is the eighth year in a row that we have passed
22 this legislation, which increases penalties on
23 drivers that pass stopped school buses.
24 I can't believe that the Assembly,
25 for eight years, has protected violators over the
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1 safety of our children on the school buses that
2 are crossing streets to get on and off the bus.
3 What a shame.
4 So I would ask the Assembly and
5 specifically Speaker Heastie to get this bill out
6 of the Assembly Transportation Committee and move
7 it to the floor and pass it. I don't know how
8 many children were injured or died in the last
9 eight years because of the failure of the
10 Assembly to impose stricter penalties on drivers
11 that speed past stopped school buses.
12 Thank you very much, Mr. President.
13 ACTING PRESIDENT GRIFFO: Senator
14 Bonacic to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 Can I have some order in the house,
20 please.
21 The Secretary will continue.
22 THE SECRETARY: Calendar Number
23 154, by Senator Akshar, Senate Print 1223, an act
24 to amend the Public Health Law.
25 ACTING PRESIDENT GRIFFO: Read the
308
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 162, by Senator Golden, Senate Print 5118B, an
12 act to amend the Civil Service Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 Senator DeFrancisco, that completes
24 today's noncontroversial reading of the active
25 list before the house.
309
1 SENATOR DeFRANCISCO: Okay, Senate
2 Supplemental Calendar 6A was circulated, and
3 please take up the noncontroversial reading of
4 that calendar.
5 ACTING PRESIDENT GRIFFO: Senate
6 Supplemental Calendar 6A is before the house.
7 The Secretary will read, noncontroversial.
8 THE SECRETARY: Calendar Number
9 252, by Senator Felder, Senate Print 6974A, an
10 act to amend the Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Carlucci to explain his vote.
20 SENATOR CARLUCCI: Thank you,
21 Mr. President.
22 I want to thank the sponsor of this
23 legislation and all my colleagues for supporting
24 this very important piece of legislation.
25 We've seen the devastating effects
310
1 that we are headed towards from the federal bill
2 that has recently passed, the tax bill. And this
3 is something that myself and my colleagues have
4 been working on since last year, when we had
5 heard about the rumors about not being able to
6 deduct your property taxes against your federal
7 income tax.
8 Well, that's a huge problem,
9 particularly in the Hudson Valley, but throughout
10 New York State. Property taxes are crushing
11 middle-class families, seniors on a fixed income.
12 It's a regressive fee, it's a fee that really
13 hurts middle-class families the hardest.
14 So this piece of legislation, I
15 thank the sponsor for being creative in saying,
16 Look, we can decouple the rules from the IRS
17 particularly allowing property tax payers to
18 write off the full amount of their property tax
19 liability against their New York State income
20 taxes.
21 This is common sense. I'm glad that
22 our chamber is taking this up so early in the
23 session. Let's be hopeful that this gets on the
24 Governor's desk as soon as possible, signed into
25 law, so that we can provide some certainty and
311
1 some clarity to property tax payers to make sure
2 that they're not missing out on this relief that
3 they've come to expect.
4 This is anticipated to save New York
5 State property tax payers over $400 million. And
6 it won't be a loss to the state coffers, because
7 this is something that we traditionally offered
8 year after year after year.
9 So it's so important that we take up
10 this commonsense piece of legislation. I want to
11 thank Senator Felder for sponsoring it and all my
12 colleagues for supporting this legislation.
13 Thank you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Thank
15 you, Senator Carlucci.
16 Senator Carlucci is to be recorded
17 in the affirmative.
18 Senator Young to explain her vote.
19 SENATOR YOUNG: Thank you,
20 Mr. President.
21 And I rise in support of this
22 legislation and to especially laud the efforts of
23 several of our colleagues, most notably Senator
24 Felder, who showed tremendous leadership. The
25 second that he thought the taxpayers of the state
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1 may be hurt, he immediately took action. He
2 actually filed two pieces of legislation, one of
3 which we are passing right now.
4 But this is about protecting every
5 taxpayer in New York and making sure that
6 everyone can reap the benefits of having
7 much-needed tax relief.
8 And I also want to thank our
9 colleagues in the Republican Conference. Senator
10 Golden, Senator Ranzenhofer also submitted
11 legislation on this very important issue.
12 I also want to commend the IDC,
13 because they've been out-front leaders on this,
14 Senator Carlucci and other members of the IDC.
15 And it just shows you what can happen when people
16 work together.
17 We cannot go back to the bad old
18 days in New York State when $14 billion of tax
19 were raised, and things like taking away property
20 tax checks and all the different things that
21 happened over the past years under different
22 leadership.
23 The leadership that we have in place
24 now is committed to the taxpayers. We are
25 working hard every single day to make sure that
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1 we are making New York a more affordable place in
2 which to live and work.
3 And so I just want to say, Hats off
4 to you, Senator Felder, tremendous job, and to
5 all of my colleagues who knew that this was an
6 important issue right out of the gate. And this
7 is something that we will continue through the
8 budget process, because we understand as a
9 conference and in our partnership that we have to
10 do everything that we can to help the taxpayers
11 of New York.
12 I vote aye.
13 ACTING PRESIDENT GRIFFO: Senator
14 Young to be recorded in the affirmative.
15 Senator Kaminsky to explain his
16 vote.
17 SENATOR KAMINSKY: Thank you,
18 Mr. President.
19 I think it's worth taking notice of
20 where we find ourselves today. Many of us have
21 districts that have a crippling tax burden on our
22 residents, especially among our seniors on a
23 fixed income. And we now find ourselves in the
24 perilous situation of having our taxes go up
25 astronomically because an administration in
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1 Washington has no regard for our entire state.
2 Why are we even doing this? Why are
3 we in this position? Because somebody thought
4 that New Yorkers should count less than citizens
5 from other states and have their taxes go through
6 the roof. And so we're doing our best to grapple
7 with this.
8 And I think today's move to allow
9 deductions in our state income taxes is very
10 worthwhile, and I applaud the sponsor for putting
11 this forward. But we have yet to tackle the
12 greater challenge of what to do with our federal
13 tax returns. And I'm already hearing in stories
14 and reports that certain options that have been
15 put on the table to deal with this are already
16 being dismissed out of hand.
17 And I think immediately of a quote
18 that FDR made when he came into the White House
19 with the New Deal about how we need to experiment
20 and how we need to try to do whatever we could do
21 to blunt the economic damage that was going on
22 during the time. And he said: "If something
23 works, we must do more of it. If something
24 doesn't, we must try something else. But most of
25 all, we must do something."
315
1 And I would urge all my colleagues
2 that we need to come together, regardless of
3 party, to take on the crippling tax burden that
4 the federal government is now sending down to us.
5 This is a nice beginning. We have a lot more
6 work to do. And I would urge us all to keep an
7 open mind and do whatever we can to help our
8 seniors, help our young people who are trying to
9 buy houses, help New York rise above this.
10 because this is headed for us, and we are in deep
11 trouble unless we do just that.
12 I vote in the affirmative. Thank
13 you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Kaminsky to be recorded in the affirmative.
16 Senator Hoylman to explain his vote.
17 SENATOR HOYLMAN: Thank you.
18 I wanted to rise too and thank the
19 sponsor. I remember that indelible image of him
20 holding the dozen eggs and the Wonder Bread. I
21 think that would be a suitable illustration of
22 what's at stake here, because the federal
23 administration -- and let's be clear. We can
24 call it the federal administration, or we can
25 just call it the Trump administration in
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1 Washington is raising middle-class taxes by 20 to
2 25 percent because of the elimination of the SALT
3 deduction at $10,000.
4 And as Governor Cuomo has aptly
5 pointed out, that is a $14 billion hit to
6 New York. Now, New York State, I think we all
7 know, already gets $48 billion less each year
8 than we send down to Washington. And that's
9 going to be in addition to the $14 billion that
10 we're going to lose through the Trump
11 administration tax scam.
12 So I'm very grateful to the Senator
13 for sponsoring this. But I do think,
14 Mr. President, we have to call it for what it is.
15 This is a tax scam directed, as Governor Cuomo
16 said, like a missile at the heart of New York's
17 economy. We all have a role to play in pushing
18 back on the Trump administration, and I'm happy
19 that we're doing that today.
20 I vote aye.
21 ACTING PRESIDENT GRIFFO: Senator
22 Hoylman in the affirmative.
23 Senator Brooks to explain his vote.
24 SENATOR BROOKS: Thank you,
25 Mr. President.
317
1 And I too would like to thank the
2 sponsor for this legislation.
3 We all in this room recognize the
4 challenges we are going to face as a result of
5 the changes made in the federal government in
6 terms of our tax law. This is the first brick in
7 a wall that we have to build to protect the
8 taxpayers of this state against what could be an
9 incredible financial burden for this state.
10 I thank the sponsor for this bill,
11 and I'll be voting aye. Thank you.
12 ACTING PRESIDENT GRIFFO: Senator
13 Brooks to be recorded in the affirmative.
14 Senator DeFrancisco to explain his
15 vote.
16 SENATOR DeFRANCISCO: Yes, this is
17 a great bill by Senator Felder. And being the
18 humble man he is, he didn't decide to stand up,
19 at least to this point in time, to discuss the
20 merits of it.
21 But if this bill didn't pass, the
22 State of New York would be enriched about
23 $1.5 million -- excuse me, 1.5 billion, with a B,
24 dollars that they otherwise would not be entitled
25 to. And you know where that money comes from?
318
1 The same people that the Governor talked about
2 the federal government is throwing missiles at:
3 Our residents.
4 So this was something that is a
5 logical thing to do, but we didn't hear a word
6 about it in the Governor's budget to protect the
7 taxpayers, something he could do directly. It
8 took Senator Felder to get the legislation to
9 protect our citizens from the State of New York
10 throwing a $1.5 billion missile at them.
11 So this is something we can do about
12 what's going on in the world, and we're doing it
13 because of Senator Felder.
14 So great bill, hopefully this is a
15 unanimous vote, because this is something we can
16 do. We can talk about all these horrible things,
17 or we can do something, and this is a concrete
18 thing to protect our taxpayers.
19 Thank you.
20 ACTING PRESIDENT GRIFFO: Senator
21 DeFrancisco to be recorded in the affirmative.
22 Senator Phillips to explain her
23 vote.
24 SENATOR PHILLIPS: Thank you,
25 Mr. President.
319
1 I rise too to thank my colleague
2 Senator Felder for bringing this measure to the
3 floor.
4 You know, this is really an
5 important first step. My Senate district, all of
6 Long Island, and all of New York State are
7 suffering because of these recent changes in the
8 federal tax code, and this is a step forward.
9 And the last thing we need in
10 New York State government is hidden tax increases
11 in our budget.
12 So thank you, Senator Felder. Thank
13 you for standing up for the hardworking people of
14 New York State and continuing the fight against
15 high taxes.
16 ACTING PRESIDENT GRIFFO: Senator
17 Phillips to be recorded in the affirmative.
18 Senator Boyle to explain his vote.
19 SENATOR BOYLE: Thank you,
20 Mr. President, to explain my vote.
21 There's no bigger issues for my
22 constituents in the 4th Senatorial District. I
23 hear about it every single day, what they're
24 facing, the uncertainties. And I want to commend
25 and thank Senator Felder for his leadership on
320
1 this vitally important issue. I vote in the
2 affirmative.
3 ACTING PRESIDENT GRIFFO: Senator
4 Boyle to be recorded in the affirmative.
5 Senator Akshar to explain his vote.
6 SENATOR AKSHAR: Thank you,
7 Mr. President.
8 Senator Felder, I too want to thank
9 you because instead of complaining about the
10 federal government, you are putting forth good
11 policy that helps all New Yorkers, so I commend
12 you for that.
13 I just want to make a quick point,
14 if I could. I've heard this term "missile" being
15 used this afternoon. I want to remind everybody
16 what the true missile in this state is, and it is
17 the addiction to tax-and-spend people in this
18 state by some. That is a true missile.
19 A true missile is increasing taxes
20 and fees on people by more than a billion dollars
21 to close budget deficits, rather than shorten our
22 spending arrangement. I would say this. If you
23 want to complain about Washington, run for
24 Congress. People elected you to do their
25 business here in New York.
321
1 So let's put forth good policy and
2 stop the divisiveness and perpetuating the
3 divisiveness by complaining about Washington, and
4 let's work together and put good policy forth for
5 the people that we represent here in the State of
6 New York.
7 Senator Felder, thank you.
8 Mr. President, I vote aye.
9 ACTING PRESIDENT GRIFFO: Senator
10 Akshar to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 Senator Ritchie, that -- can I have
16 some order, please, some order in the house.
17 SENATOR RITCHIE: Is there any
18 further business at the desk?
19 ACTING PRESIDENT GRIFFO: Hang on,
20 Senator Ritchie.
21 Senator Ritchie, that completes the
22 noncontroversial reading of today's Senate
23 Supplemental Calendar 6A.
24 There is no further business that is
25 at the desk.
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1 SENATOR RITCHIE: I move to adjourn
2 until Monday, January 29th, at 3:00 p.m.,
3 intervening days being legislative days.
4 ACTING PRESIDENT GRIFFO: On motion
5 by Senator Ritchie, the Senate will stand
6 adjourned until Monday, January 29th, at
7 3:00 p.m., intervening days being legislative
8 days.
9 A reminder, there is an immediate
10 meeting of the Government Operations and
11 Investigations Committee.
12 The Senate will stand adjourned.
13 (Whereupon, at 1:15 p.m., the Senate
14 adjourned.)
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