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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 29, 2018
11 3:33 p.m.
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14 REGULAR SESSION
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18 SENATOR ELAINE PHILLIPS, 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 PHILLIPS: The
3 Senate 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 PHILLIPS: 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 PHILLIPS: That's
14 my favorite part.
15 The reading of the Journal.
16 THE SECRETARY: In Senate,
17 January 28th, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 January 27th, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT PHILLIPS: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: Madam
8 President, I move that the following bills be
9 discharged from their respective committees and
10 be recommitted with instructions to strike the
11 enacting clause: Senate Bills 5979 and 5722A,
12 both by Senator Larkin.
13 ACTING PRESIDENT PHILLIPS: So
14 ordered.
15 SENATOR DeFRANCISCO: Also, I have
16 a bill that I'd like to be discharged from its
17 committee and be recommitted with instructions to
18 strike the enacting clause. That's 5237, by
19 Senator Marcellino.
20 ACTING PRESIDENT PHILLIPS: So
21 ordered.
22 SENATOR DeFRANCISCO: I also move
23 that the following bills be discharged from their
24 respective committees and be recommitted with
25 instructions to strike the enacting clause:
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1 Senate Bill Numbers 5149, 4515, 5354, all by
2 Senator Marchione.
3 ACTING PRESIDENT PHILLIPS: So
4 ordered.
5 SENATOR DeFRANCISCO: Next,
6 amendments are offered to the following Third
7 Reading Calendar bills.
8 By Senator Murphy, page 19, Calendar
9 Number 100, Senate Print 3751.
10 By Senator Marcellino, page 20,
11 Calendar 112, Senate Print 3479.
12 By Senator Marchione, page 23,
13 Calendar 149, Senate Bill 194.
14 By Senator Little, page 26, Calendar
15 182, Senate Print 1379C.
16 And I now move that these bills
17 retain their place on the order of third reading.
18 ACTING PRESIDENT PHILLIPS: The
19 amendments have been received, and the bills will
20 retain their place on the Third Reading Calendar.
21 SENATOR DeFRANCISCO: And would you
22 please recognize Senator Valesky.
23 ACTING PRESIDENT PHILLIPS: Senator
24 Valesky.
25 SENATOR VALESKY: Thank you, Madam
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1 President.
2 I move that my bill, Senate Bill
3 3570B, be discharged from its respective
4 committee and recommitted with instructions to
5 strike the enacting clause.
6 ACTING PRESIDENT PHILLIPS: So
7 ordered.
8 SENATOR VALESKY: And on behalf of
9 Senator Klein, on page 26, I offer the following
10 amendments to Calendar 184, Senate Bill 1990, and
11 ask that said bill retain its place on the Third
12 Reading Calendar.
13 ACTING PRESIDENT PHILLIPS: The
14 amendments are received, and the bill retains its
15 place on the Third Reading Calendar.
16 SENATOR VALESKY: Thank you.
17 ACTING PRESIDENT PHILLIPS: Thank
18 you.
19 SENATOR DeFRANCISCO: Would you now
20 recognize Senator Gianaris, please.
21 ACTING PRESIDENT PHILLIPS: Senator
22 Gianaris.
23 SENATOR GIANARIS: Madam President,
24 on behalf of Senator Hoylman, I move the
25 following bill be discharged from its committee
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1 and recommitted with instructions to strike the
2 enacting clause: Senate Bill 5447.
3 ACTING PRESIDENT PHILLIPS: So
4 ordered.
5 SENATOR DeFRANCISCO: Madam
6 President, would you now take up the reading of
7 the noncontroversial calendar.
8 ACTING PRESIDENT PHILLIPS: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number 7,
11 by Senator Golden, Senate Print 7279, an act to
12 amend the Not-for-Profit Corporation Law.
13 ACTING PRESIDENT PHILLIPS: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the same date and in the
17 same manner as a chapter of the Laws of 2017.
18 ACTING PRESIDENT PHILLIPS: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PHILLIPS:
22 Announce the result.
23 THE SECRETARY: Ayes, 45.
24 ACTING PRESIDENT PHILLIPS: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number 37,
2 by Senator Alcantara, Senate Print 7309, an act
3 to amend the Economic Development Law.
4 ACTING PRESIDENT PHILLIPS: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PHILLIPS: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PHILLIPS:
12 Announce the result.
13 THE SECRETARY: Ayes, 45.
14 ACTING PRESIDENT PHILLIPS: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 122, by Senator Gallivan, Senate Print 3581, an
18 act to amend the Correction Law.
19 ACTING PRESIDENT PHILLIPS: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PHILLIPS: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT PHILLIPS:
2 Announce the result.
3 THE SECRETARY: Ayes, 45.
4 ACTING PRESIDENT PHILLIPS: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 165, by Senator Funke, Senate Print 1044A, an act
8 to amend the Parks, Recreation and Historic
9 Preservation Law.
10 ACTING PRESIDENT PHILLIPS: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect April 2, 2019.
14 ACTING PRESIDENT PHILLIPS: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PHILLIPS: Announce
18 the result.
19 THE SECRETARY: Ayes, 45.
20 ACTING PRESIDENT PHILLIPS: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 167, by Senator Flanagan, Senate Print 3532, an
24 act to amend the Parks, Recreation and Historic
25 Preservation Law.
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1 ACTING PRESIDENT PHILLIPS: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PHILLIPS: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PHILLIPS:
9 Announce the result.
10 THE SECRETARY: Ayes, 45.
11 ACTING PRESIDENT PHILLIPS: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 177, by Senator Peralta, Senate Print 352, an act
15 to amend the Banking Law.
16 ACTING PRESIDENT PHILLIPS: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 180th day.
20 ACTING PRESIDENT PHILLIPS: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PHILLIPS:
24 Announce the result.
25 THE SECRETARY: Ayes, 45.
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1 ACTING PRESIDENT PHILLIPS: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 189, by Senator Little, Senate Print 1317, an act
5 to amend the Real Property Law.
6 ACTING PRESIDENT PHILLIPS: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT PHILLIPS: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PHILLIPS:
14 Announce the result.
15 THE SECRETARY: Ayes, 47.
16 ACTING PRESIDENT PHILLIPS: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 190, by Senator Little, Senate Print 1376, an act
20 to amend the General Obligations Law.
21 ACTING PRESIDENT PHILLIPS: Read
22 the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT PHILLIPS: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PHILLIPS: Senator
4 Kavanagh to explain your vote, please.
5 SENATOR KAVANAGH: Thank you.
6 I'll be voting against this bill
7 today. This bill -- I commend the sponsor for
8 taking on this issue. This is a very important
9 issue that is our effort to get people using our
10 slopes for winter sports to wear helmets,
11 particularly children.
12 But this bill is I think partly a
13 response by the industry to a far more
14 comprehensive proposal that we've been working on
15 for a long time. In this case, the bill only
16 puts the obligation on the families and the
17 children themselves to wear helmets, rather than
18 putting some obligations on the ski resorts that
19 are profiting from this activity. It also puts
20 the onus on local law enforcement to ensure that
21 people are wearing helmets on ski slopes, which
22 seems like an odd role for local law enforcement,
23 given their lack of access to the slopes because
24 they're private property.
25 And moreover, the bill only
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1 addresses children 14 and under, whereas it's
2 widely recognized that people certainly older
3 than that ought to be wearing helmets, and it
4 might do a disservice to families of, you know,
5 15-year-olds and 16-year-olds and 17-year-olds by
6 suggesting to them that it's okay for older
7 teenagers not to be wearing helmets.
8 And finally, the bill addresses
9 skiers but not snowboard users.
10 So for all these reasons, I think
11 the bill, although I'm sure it's well-intended,
12 does not address the problem and may displace the
13 far more comprehensive legislation we ought to be
14 doing. So I'll be voting no.
15 ACTING PRESIDENT PHILLIPS: Senator
16 Kavanagh to be recorded in the negative.
17 Senator Little to explain your vote.
18 SENATOR LITTLE: Thank you, Madam
19 President.
20 I'd like to thank my colleagues for
21 supporting the bill, those who are.
22 And the reason for the 14 years old
23 is that we modeled this bill after the very
24 successful bicycle helmet bill.
25 The ski areas are in support of this
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1 bill. They're going to promote helmets all the
2 way around. They will supply helmets for rent
3 and all of that. It's on their ticket. And I
4 think that any of you who go skiing will see that
5 most people are wearing helmets, adults and
6 whatever.
7 But it is a choice. And for
8 14-year-olds, we believe it should be -- anyone
9 under the age of 14, it should be mandatory.
10 So I thank you all, and I vote aye.
11 ACTING PRESIDENT PHILLIPS: Senator
12 Little recorded in the affirmative.
13 Announce the result.
14 THE SECRETARY: Ayes, 48. Nays, 1.
15 Senator Kavanagh recorded in the negative.
16 ACTING PRESIDENT PHILLIPS: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 212, by Senator Ritchie, Senate Print 6839, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT PHILLIPS: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PHILLIPS: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PHILLIPS: Announce
4 the result.
5 THE SECRETARY: Ayes, 49.
6 ACTING PRESIDENT PHILLIPS: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 215, by Senator Murphy, Senate Print 7004, an act
10 to amend the Highway Law.
11 ACTING PRESIDENT PHILLIPS: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PHILLIPS: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PHILLIPS: Senator
19 Murphy to explain his vote.
20 SENATOR MURPHY: Thank you, Madam
21 President.
22 I rise to salute the 1.8 million men
23 and women of our armed forces who are the
24 recipients of the Purple Heart.
25 America's oldest military
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1 decoration, the Purple Heart is awarded only to
2 those who have been killed or wounded by enemy
3 action:
4 Men and women like Army First
5 Lieutenant Victor Prato, of Somers, who was
6 injured by a car bomb while deployed in
7 Afghanistan just this past December;
8 Men and women like Air National
9 Guardsman Joseph Lemm, a 15-year veteran of the
10 New York Police Department, who was tragically
11 killed alongside Air Force Major Adrianna
12 Vorderbruggen, the first openly gay female
13 officer killed in combat;
14 Vietnam- and Korea-era veterans like
15 Willie Nazario, Eugene Lang, Neil Gross, and
16 Dale Novak of the amazing Military Order of the
17 Purple Heart of York, and those from our greatest
18 generation who have left us, like Staff Sergeant
19 Ray Kilduff, of Patterson, who served alongside
20 "Old Blood and Guts," General Patton, in
21 North Africa;
22 The men and women who have walked
23 the hallowed halls of the United States Military
24 Academy at West Point, served at Fort Drum and
25 the Brooklyn Naval Yard;
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1 And men and women like William
2 Brown, Elijah Churchill, and Daniel Bissel, who
3 were each presented with the Purple Heart, then
4 known as the Badge of Military Merit, by
5 General George Washington himself.
6 The people of the County of
7 Westchester have great admiration and the utmost
8 gratitude for all the men and women who have
9 selflessly served their country, and most
10 especially those who have paid the high price for
11 freedom by leaving their families, their
12 communities, and placing themselves in harm's
13 way, some never ever to return again.
14 I would just like to thank my
15 colleagues for their support of this bill and,
16 Madam President, I will be voting in the
17 affirmative. Thank you.
18 ACTING PRESIDENT PHILLIPS: Thank
19 you, Senator Murphy.
20 Announce the result.
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT PHILLIPS: The
23 bill is passed.
24 That completes the noncontroversial
25 reading of the calendar.
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1 SENATOR DeFRANCISCO: Madam
2 President, is there any further business at the
3 desk?
4 ACTING PRESIDENT PHILLIPS: There
5 is no further business at the desk.
6 SENATOR DeFRANCISCO: I just want
7 to compliment you on presiding over the most
8 efficient session of this year so far.
9 ACTING PRESIDENT PHILLIPS: The
10 quickest.
11 SENATOR DeFRANCISCO: And with that
12 said, I move to adjourn until Tuesday,
13 January 30th, at 11:00 a.m.
14 ACTING PRESIDENT PHILLIPS: On
15 motion, the Senate stands adjourned until
16 Tuesday, January 30th, at 11:00 a.m.
17 Thank you, everyone.
18 (Whereupon, at 3:46 p.m., the Senate
19 adjourned.)
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