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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 January 30, 2018
11 11:37 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President
19 FRANCIS W. PATIENCE, Secretary
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Thank you.
15 Reading of the Journal.
16 THE SECRETARY: In Senate, Monday,
17 January 29th, the Senate met pursuant to
18 adjournment. The Journal of Sunday,
19 January 28th, was read and approved. On motion,
20 Senate adjourned.
21 THE PRESIDENT: Without objection,
22 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 Mr. Floor Leader.
7 SENATOR DeFRANCISCO: Madam
8 President, on page 24 I offer the following
9 amendments to Calendar 156, Senate Print 6428,
10 by Senator Hannon, and ask that said bill retain
11 its place on the Third Reading Calendar.
12 THE PRESIDENT: The amendments are
13 received, and the bill will retain its place on
14 the Third Reading Calendar.
15 SENATOR DeFRANCISCO: On page
16 number 28, I offer the following amendments to
17 Calendar Number 201, Senate Print 6882, by
18 Senator Tedisco, and ask that said bill retain
19 its place on the Third Reading Calendar.
20 THE PRESIDENT: The amendments are
21 received, and the bill will retain its place on
22 the Third Reading Calendar.
23 SENATOR DeFRANCISCO: Thank you.
24 I now move to adopt the Resolution
25 Calendar, with the exception of Resolutions 3644
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1 and 3610.
2 THE PRESIDENT: All in favor of
3 adopting the Resolution Calendar, with the
4 exception of Resolutions 3644 and 3610, signify
5 by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The Resolution
10 Calendar is adopted.
11 SENATOR DeFRANCISCO: With
12 apologies to our guests here, who we'll be
13 recognizing shortly, there will be an immediate
14 meeting of the Rules Committee in Room 332. As
15 soon as we get there and back, we can honor some
16 very special young people.
17 THE PRESIDENT: Immediate meeting
18 of the Rules Committee in Room 332 of the
19 Capitol.
20 The Senate will stand at ease.
21 (Whereupon, the Senate stood at
22 ease at 11:40 a.m.)
23 (Whereupon, the Senate reconvened
24 at 11:50 a.m.)
25 ACTING PRESIDENT GRIFFO: The
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1 Senate will come to order.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Is there a
4 report of the Rules Committee at the desk,
5 please?
6 ACTING PRESIDENT GRIFFO: There is
7 a Rules Committee report at the desk.
8 The Secretary will read.
9 SENATOR DeFRANCISCO: Move to
10 accept.
11 THE SECRETARY: Senator Flanagan,
12 from the Committee on Rules, reports the
13 following bill direct to third reading:
14 Senate Print 7588A, by Senator
15 DeFrancisco, an act to amend the Civil Practice
16 Law and Rules.
17 ACTING PRESIDENT GRIFFO: There is
18 a motion before the house to accept the Committee
19 on Rules report. All in favor signify by saying
20 aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT GRIFFO: Opposed?
23 (No response.)
24 ACTING PRESIDENT GRIFFO: The
25 Committee on Rules report is accepted and before
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1 the house.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Can we now
4 take up Senate Supplemental Calendar Number 8A,
5 which has that one bill on, Senate Calendar
6 Number 335, and take up that bill.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read Senate Supplemental Calendar
9 8A, noncontroversial. The Secretary will read.
10 THE SECRETARY: Calendar Number
11 335, by Senator DeFrancisco, Senate Print 7588A,
12 an act to amend the Civil Practice Law and Rules.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT GRIFFO: Senator
21 Gianaris to explain his vote.
22 SENATOR GIANARIS: Thank you,
23 Mr. President.
24 I want to commend the sponsor of
25 this bill in particular. Senator DeFrancisco has
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1 been a tireless champion of Lavern's Law, and
2 it's great to see it finally happening.
3 I wish that the final version would
4 not have limited the lookback period as much as
5 it does, but this is still something that
6 represents great progress for victims of
7 malpractice and will provide real justice for
8 people who have been suffering for a long time.
9 So thank you, I vote in the
10 affirmative.
11 ACTING PRESIDENT GRIFFO: Senator
12 Gianaris in the affirmative.
13 Senator Little to explain her vote.
14 SENATOR LITTLE: Thank you,
15 Mr. President.
16 I too would like to commend Senator
17 DeFrancisco for putting forth this piece of
18 legislation for all of us who are having it
19 before us today.
20 This is something that's been worked
21 on for a very long time, and it's trying to be
22 helpful to those who have cancer and have a
23 silent cancer. Sometimes people, especially for
24 women -- and we see more and more of these cases
25 of breast cancer, uterine cancer, cervical cancer
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1 that are taking place. And I'm very pleased that
2 we at least have a little more time for a
3 correction and time to have that lookback.
4 So a lot of work, a lot of
5 compromise, but certainly a good bill in the end,
6 and I thank you.
7 I vote aye.
8 ACTING PRESIDENT GRIFFO: Senator
9 Little in the affirmative.
10 Senator Hoylman to explain his vote.
11 SENATOR HOYLMAN: Thank you,
12 Mr. President.
13 I'd also like to congratulate the
14 sponsor and his work and the work of our
15 colleagues in the Assembly to finally get
16 Lavern's Law passed, as well as all the advocates
17 and the New York Daily News and other individuals
18 and institutions that have pushed for this very
19 important bill.
20 I will say that it does bring up the
21 issue of time-barred claims and extending the
22 statute of limitations. And I'm hoping it's a
23 model that we can use to look at other cases in
24 our civil and criminal justice system, including
25 crimes of child sexual abuse.
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1 I vote aye.
2 ACTING PRESIDENT GRIFFO: Senator
3 Hoylman in the affirmative.
4 Senator Hannon to explain his vote.
5 SENATOR HANNON: Thank you very
6 much, Mr. President.
7 Obviously it deals with an essential
8 core element of healthcare delivery in this
9 state. And I think the legislation itself is an
10 artful balancing of dealing with the provisions
11 from the original proposal, repealing, and it
12 significantly narrows some of the original bill's
13 revival provisions while keeping the right of
14 patients, especially cancer patients who did not
15 know they had the illness, to sue.
16 But this is the beginning of what
17 ought to be -- not that it will be, but ought to
18 be addressing the malpractice issue in this
19 state, questions with regard to different parts
20 of the system, different parts of the trials, and
21 also a need to take a look at what we're doing
22 systematically: Whether a hospital has or
23 doesn't have malpractice insurance -- some just
24 go on their own financial backing. Whether or
25 not there should be a takeover of the state's
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1 largest malpractice insurer by an outside
2 corporation, and at what cost and at what price
3 and at what contribution to the system itself.
4 Whether or not we have malpractice companies that
5 continue to exist that have been insuring our
6 public hospitals, SUNY hospitals throughout the
7 state.
8 Not much has been heard about them.
9 They're all underlying undercurrents,
10 crosscurrents as to what's happening -- but
11 unless addressed, that someday we'll wake up and
12 say, oh, my God, there's a crisis.
13 Now is the time. This bill being a
14 balance allows us to take a look at other
15 elements and try to see what packages may exist
16 to move forward.
17 So I vote yes. Thank you.
18 ACTING PRESIDENT GRIFFO: Senator
19 Hannon to be recorded in the affirmative.
20 Before I ask the sponsor to close,
21 is there anybody else that wishes to explain
22 their vote?
23 Senator DeFrancisco to close on
24 explanations.
25 Senator Ortt to explain his vote?
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1 SENATOR ORTT: Yes, Mr. President,
2 thank you.
3 I'll be voting no on this bill. I
4 think this bill has a ton of merit, and I
5 actually think it does a lot of good and attempts
6 to do a lot of good, especially when you talk
7 about cancer patients, when you talk about women.
8 My mother-in-law is a breast cancer survivor,
9 thank God. And so I commend the sponsor and a
10 lot of those who put a lot of time in.
11 My concern is that in this state
12 we've been talking about tort reform or reform on
13 the other side of this coin for a long time, and
14 we never seem to get around to it. And so this
15 is yet another additional cost. And I just
16 thought this was the right time, this would have
17 been a good time to also maybe have some tort
18 format.
19 And failing that, my concern is this
20 is going to drive up costs, and especially make
21 it difficult for rural hospitals, where there's
22 already a lot of poverty and a lack, sometimes,
23 of healthcare options, as well as in some cases
24 some inner city access.
25 So for those reasons I will be a no,
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1 Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Ortt to be recorded in the negative.
4 Senator DeFrancisco to chose.
5 SENATOR DeFRANCISCO: Thank you,
6 Mr. President.
7 I'm very happy that this bill
8 passed. It was a compromise. The original bill
9 I think was better. But it's really an important
10 bill.
11 I know everybody wants to maintain
12 affordable health insurance and not saddle
13 hospitals and doctors with big malpractice bills
14 and so forth. The fact of the matter is we could
15 save insurance companies a lot of money -- maybe
16 we could stop lawsuits in car accidents, and not
17 allow recovery against the negligent party. We
18 could save a lot of money. But there's also a
19 principle that you've got to have honesty and
20 common sense. And to me, the negligence system
21 makes a lot of sense. Rather than the public
22 paying generally for everybody's negligence, the
23 individual responsible should pay. And that's
24 why the person has insurance.
25 The concept that this bill is going
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1 to create dramatic increases in medical
2 malpractice insurance I think is the mantra I've
3 heard on every single bill dealing with
4 liability, and it is not going to happen. These
5 are not usual cases.
6 But when you have a case where a
7 woman gets a mammogram or a sonogram or -- and
8 the lump is seen and she's not told about it,
9 she's not told about it -- and what happens?
10 Two and a half years later, the lump is bigger
11 and the lump is Stage 4 as opposed to Stage 1,
12 which is a death sentence. And you couldn't,
13 before this bill, bring a lawsuit because she
14 didn't know about it. She couldn't have brought
15 a lawsuit. How can you bring a lawsuit about
16 what you don't know about?
17 So this is a good compromise,
18 because it holds responsible those people -- and
19 you don't win automatically, by the way. You've
20 got to prove that the doctor was negligent or the
21 hospital was negligent and they didn't provide
22 proper follow-up care. If they don't, there's no
23 recovery. But if there was negligence, the
24 recovery is something that should be done.
25 We talk about women's issues quite
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1 frequently in government nowadays. This is truly
2 a woman's issue. It's truly a real remedy for a
3 woman for a real problem, because that's usually
4 where this case turns up.
5 So I want to thank everybody for
6 their compromise. And I believe there should be
7 more discussion in other areas as far as whether
8 liability should be expanded or retracted or the
9 procedures should be changed. And to me, that's
10 where the real money savings are, trying to get
11 these cases moving, get them done efficiently so
12 that you don't pay lawyers hundreds of thousands
13 of dollars to delay cases so the day never comes
14 when you're in trial.
15 So I think it's a great bill, and I
16 appreciate the support of those that supported
17 it. Those that don't, just keep track of what
18 happens in the medical liability arena in the
19 near future. MLMIC is the biggest insurer for
20 doctors; they're selling their business to
21 Berkshire Hathaway. Take a look to see the money
22 that changed hands for this insurance company
23 that is complaining of poverty and bankruptcy --
24 just see what the recovery is, and you'll see
25 that some of these complaints truly are not
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1 justified.
2 And I know I went well beyond my two
3 minutes, so I won't talk anymore today.
4 Thank you.
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco, you're entitled to five, so --
7 (Laughter.)
8 ACTING PRESIDENT GRIFFO: But I
9 know you're succinct.
10 Senator DeFrancisco will be recorded
11 in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 335: Ayes, 53. Nays, 1. Senator Ortt
15 recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 Senator DeFrancisco, that completes
19 the noncontroversial reading of Senate
20 Supplemental Calendar 8A.
21 SENATOR DeFRANCISCO: Can we take
22 up the noncontroversial reading of today's
23 calendar.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read today's active-list calendar.
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1 THE SECRETARY: Calendar Number 11,
2 by Senator Robach, Senate Print 7283, an act to
3 amend the Workers' Compensation Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the same date and in the
8 same manner as Chapter 469 of the Laws of 2017.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 54.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number 26,
16 by Senator Carlucci, Senate Print 7298, an act to
17 amend the State Administrative Procedure Act.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 54.
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1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 35,
4 by Senator Golden, Senate Print 7307, an act to
5 amend the General Business Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 8. 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, 53. Nays, 1.
15 Senator Felder recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number 52,
19 by Senator Klein, Senate Print 7324, an act to
20 amend the General Business Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the same date and in the
25 same manner as a chapter of the Laws of 2017.
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1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 54.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number 63,
8 by Senator Young, Senate Print 524, an act to
9 amend the Environmental Conservation Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 54.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number 64,
21 by Senator O'Mara, Senate Print 881A, an act to
22 amend the Environmental Conservation Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 THE SECRETARY: Ayes, 53. Nays, 1.
5 Senator Benjamin recorded in the negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number 76,
9 by Senator Peralta, Senate Print 468, an act to
10 amend the Penal Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of November.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 54.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number 87,
22 by Senator Ritchie, Senate Print 3015, an act to
23 amend the Agriculture and Markets Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number 89,
10 by Senator Golden, Senate Print 1617, an act to
11 amend the Administrative Code of the City of
12 New York.
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, 54.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number 91,
24 by Senator Young, Senate Print 3948, an act to
25 amend the Real Property Actions and Proceedings
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1 Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 54.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number 95,
13 by Senator Ranzenhofer, Senate Print 3144, an act
14 to amend the Public Authorities Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 54.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number 99,
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1 by Senator Serino, Senate Print 2138, an act to
2 amend the Economic Development Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 54.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 102, by Senator Funke, Senate Print 6276A, an act
15 to amend the Alcoholic Beverage Control Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 8. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Announce
24 the results.
25 THE SECRETARY: In relation to
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1 Calendar 102, those recorded in the negative are
2 Senators Benjamin, Breslin, Hoylman, Kavanagh and
3 Stewart-Cousins.
4 Ayes, 49. Nays, 5.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 144, by Senator Serino, Senate Print 2162A, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 54.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 159, by Senator Hannon, Senate Print 7408, an act
22 to amend the Public Health Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the same date and in the
2 same manner as Section 1 of Chapter 401 of the
3 Laws of 2017.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Hannon to explain his vote.
9 SENATOR HANNON: Thank you,
10 Mr. President.
11 The original bill -- this is a
12 chapter amendment. The original bill was
13 designed to address the problem of mortality
14 rates among the newborn. We would have conducted
15 a study immediately -- a pilot project
16 immediately in regard to baby boxes, a concept of
17 safe sleeping habits, education to parents, and a
18 movement that has taken root in a number of other
19 countries and states.
20 After passage, we found out the
21 total disparity of opinion about how to
22 accomplish such a goal with the State Health
23 Department, City Health Department, professional
24 societies.
25 So this is now going to be a pilot
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1 project for a study and then a pilot project to
2 be implemented, because New York, for all that it
3 does well with healthcare, is not doing well in
4 regard to its infant mortality rates. Hopefully
5 this will lead to a sharp improvement in that and
6 help our population.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Hannon to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Senator
15 DeFrancisco, that completes the noncontroversial
16 calendar of today's active-list calendar.
17 SENATOR DeFRANCISCO: Thank you.
18 May we go back to motions and resolutions.
19 ACTING PRESIDENT GRIFFO: We will
20 return to motions and resolutions.
21 SENATOR DeFRANCISCO: There's a
22 resolution at the desk by Senator Tedisco,
23 Resolution 3385. Could you read the short title
24 and then recognize Senator Tedisco.
25 ACTING PRESIDENT GRIFFO: The
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1 Secretary will read.
2 THE SECRETARY: Legislative
3 Resolution Number 3385, by Senator Tedisco,
4 congratulating the Burnt Hills-Ballston Lake Boys
5 Varsity Cross Country Team and Head Coach Chip
6 Button upon the occasion of capturing the
7 New York State Federation Cross Country Team
8 Championship on November 18, 2017.
9 ACTING PRESIDENT GRIFFO: Senator
10 Tedisco.
11 SENATOR TEDISCO: Thank you,
12 Mr. President and my colleagues.
13 They say that all good things are
14 worth waiting for, and so I appreciate the
15 patience of the outstanding student athletes who
16 have been very patient today. But if you're
17 going to be a tremendous individual athlete or
18 team member, you've got to have patience, because
19 it's a tremendous amount of training.
20 And I want to welcome to this august
21 chamber these outstanding student-athletes.
22 They're in the center upstairs here; they're from
23 Burnt Hills-Ballston Lake. And they are the
24 New York State Federation Cross Country Champions
25 for 2017.
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1 They're a big part of the reason why
2 I can say and always do say all good things
3 emanate from the 49th Senatorial District. And
4 they are one of those great things and good
5 things that has emanated from the 49th Senatorial
6 District.
7 Now, you may look up there and have
8 some déjà vu because you may recognize some of
9 them. Because they were here last year as the
10 New York State Cross Country Federation
11 Champions. And I was suggesting to them earlier
12 today that I would just schedule them for the
13 next five years, because they've got seven
14 members coming back from this same team.
15 And it's an unbelievable
16 accomplishment. To win it once, any state or
17 federation championship, is a big accomplishment.
18 But to win it two years in a row and to have that
19 many members coming back, I think we're going to
20 see some outstanding achievements continue in the
21 future.
22 It's a great academic school.
23 They've got great leadership with their coaches
24 and their administration out there, and we're
25 very proud that they've done this, not only this
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1 year but last year. And I know this is just the
2 beginning of a tremendous number of future
3 successes to come forth for them.
4 So if I could, I'd like to just
5 introduce them and have them stand up and we can
6 recognize who these outstanding champions are
7 from Burnt Hills-Ballston Lake, Cross Country
8 Federation champions.
9 Tyler Berg is here with us. We have
10 Kevin Board who is here with us. Evan Brennan,
11 Aidan Gillooley, Nick Hunziker, Michael Messere,
12 David Metacarpa, Logan Short, Colin Swain, and
13 Dante Ubriaco.
14 And I also -- you know, you don't
15 win just as a team, and I told them every part of
16 your life is a team. Your government is a team,
17 your family is a team. But the most important
18 part of a team, and the biggest lessons I learned
19 playing on teams, was that if the individuals
20 don't care who gets the credit, the team itself
21 can achieve unbelievable successes. And that's a
22 good lesson for all of us, and I think they
23 exemplify that.
24 And the coach that got them to this
25 point is Coach Chip Button. And their athletic
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1 director, Joe Scalise, who directs athletics at
2 Burnt Hills-Ballston Lake, is with us.
3 So I want to congratulate you. And
4 I guess see you next year, guys, some of you.
5 And best of luck to those who will go on to do
6 great things in the future.
7 Mr. President, I ask you to welcome
8 them and offer them all the cordialities of this
9 august body for their tremendous achievements.
10 ACTING PRESIDENT GRIFFO: Thank
11 you, Senator Tedisco.
12 This resolution was adopted on
13 January 9th of 2018.
14 We extend our congratulations and
15 continued best wishes to all of the teammates and
16 the coaches from the Burnt Hills-Ballston Lake
17 Boys Varsity Cross Country Team.
18 Congratulations, quite an accomplishment. We
19 wish you the best, as Senator Tedisco says, in
20 all of your future pursuits.
21 Please continue to stand, and let's
22 acknowledge and recognize these young men.
23 (Standing ovation.)
24 ACTING PRESIDENT GRIFFO: We extend
25 to you all the privileges and courtesies of the
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1 Senate. Thank you.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: I'd like to
4 make a quick announcement for the Republican
5 Conference. The conference that was going to
6 resume after session cannot resume due to
7 unavoidable conflicts. So I thought they should
8 know that, rather than hang around waiting for a
9 meeting that might not take place. The topics
10 will continue to be discussed next week.
11 Now there's also another resolution
12 of Senator Tedisco and -- I think. And yes, that
13 is correct. That's Resolution 3350. Could you
14 read the short title and call on Senator Tedisco.
15 ACTING PRESIDENT GRIFFO: Can I
16 have some order in the chamber, please.
17 The Secretary will read.
18 THE SECRETARY: Legislative
19 Resolution Number 3350, by Senator Tedisco,
20 congratulating Olivia Jack upon the occasion of
21 capturing the New York State Public High School
22 Athletic Association Girls 100-Yard Breast Stroke
23 Championship on November 18, 2017.
24 ACTING PRESIDENT GRIFFO: Senator
25 Tedisco.
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1 SENATOR TEDISCO: Thank you,
2 Mr. President and my colleagues.
3 Olivia Jack is from another
4 outstanding school in the 49th Senatorial
5 District, and another outstanding
6 student-athlete. She's from Scotia-Glenville.
7 And many years ago I did my first
8 job, Scotia-Glenville was a part of it. I was a
9 substitute teacher for a whole year when I got
10 out of Union College and substitute-taught at
11 Scotia-Glenville School. It's an outstanding
12 academic school, and she's an outstanding athlete
13 and great with the academics also.
14 And Olivia, I have to tell you,
15 every day I get on a treadmill, whether I get
16 home at night or try to do it earlier in the
17 morning, and I walk on that treadmill. When I
18 get to 100 yards -- I guess that's 300 steps --
19 it's almost time for me to get off. I can't
20 imagine a 100-yard breast stroke in the speed
21 that she has done it. I don't think many of us
22 could walk it or even run it, in the speed she's
23 done it, in the pool swimming. So she has
24 illustrated she is an outstanding athlete and
25 tremendous in terms of academics.
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1 Let me tell you a little bit about
2 her. Olivia earned her first state championship
3 at the New York State Public High School Athletic
4 Association swim meet on Sunday, November 18,
5 2017, in Ithaca. She won the 100-yard
6 championship with an incredible time of 1:02:06.
7 Olivia is the Section II recordholder in the
8 100-yard breast stroke and has won 11 Section II
9 titles, including eight individual events.
10 Even more important than her great
11 athletic achievements, Olivia has -- and this
12 boggles my mind -- a 96 grade point average and
13 participates in Advanced Placement courses. And
14 I would have loved to have a 96 point average,
15 either in high school or at Union College, but it
16 wasn't to be. But she illustrates not only
17 outstanding athletics but academics.
18 She is also skilled as a musician as
19 well. Now, Olivia plays the viola. And the
20 athletic director told me to make sure I let you
21 understand what a viola is. This is not a
22 violin. The viola is a string instrument that is
23 bowed or played with varying techniques. It is
24 slightly larger than a violin and has a lower and
25 deeper sound.
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1 So she makes great music in the
2 pool, in the classroom, and with the viola.
3 Olivia earned All American status
4 for the fourth straight year with this monumental
5 win, and she will attend Penn State University
6 this fall.
7 Her dad is with her, and I kind of
8 kidded him and I said he had the genes which gave
9 her that swimming ability. Dads always try to
10 take credit for what our sons and daughters do.
11 But I'm sure he had a lot to do with her success.
12 And his name is Osborne Jack, and it's great to
13 have her dad here with her.
14 Coach Dirk Francois is here, and
15 Athletic Director Jamian Rockhill, and Principal
16 Peter Bednarek is here.
17 And I would ask them to stand, if we
18 could, and we'd love to have you salute them,
19 welcome them, and provide them all the
20 cordialities of this august body. And we say
21 this is just the beginning, Olivia, of what I
22 know are going to be a bunch of tremendous
23 successes in your future. Best of luck in your
24 college and in all your future.
25 (Standing ovation.)
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1 ACTING PRESIDENT GRIFFO: Olivia,
2 we welcome you to the Senate, we extend the
3 privileges and courtesies of the house to you, we
4 congratulate you on this significant
5 accomplishment and wish you the best of luck.
6 Congratulations.
7 (Applause.)
8 ACTING PRESIDENT GRIFFO: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Yes, we also
11 have a resolution by Senator Larkin, it's 3644.
12 Please read the title only and call on Senator
13 Larkin.
14 ACTING PRESIDENT GRIFFO: We may
15 also want to add that the previous resolution was
16 previously adopted on January 9, 2018.
17 And the Secretary will now read.
18 THE SECRETARY: Legislative
19 Resolution Number 3644, by Senator Larkin,
20 memorializing Governor Andrew M. Cuomo to
21 proclaim February 3, 2018, as Four Chaplains Day
22 in the State of New York.
23 ACTING PRESIDENT GRIFFO: Senator
24 Larkin.
25 SENATOR LARKIN: Thank you,
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1 Mr. President.
2 This resolution is about somebody
3 that isn't here. On Saturday of this week, the
4 3rd of February, will be the 75th anniversary of
5 the sinking of the troop ship Dorchester, with
6 700 troops on board who were headed to a
7 battleground. And there were four chaplains on a
8 that ship, a Protestant, a Methodist, a Catholic,
9 and a Jewish. And each one of those young
10 lieutenants took their own lifesaver and gave it
11 to the troops. They walked all over. And the
12 stories that you hear about it are true.
13 Just think about it -- the North
14 Atlantic, February 3, 1943. I don't think
15 anybody in here was around -- it must have been
16 me and John D.
17 (Laughter.)
18 SENATOR LARKIN: But here's -- this
19 is something that I think we in our history
20 failed to realize and educate our people about
21 what happened. Those four chaplains had their
22 own gear; they might have survived. But they did
23 not care about themselves, they cared about the
24 troops that were on it.
25 The stories that we have read have
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1 told of greatness, of love of fellow man, and God
2 answering their call.
3 I would ask everybody to stand in a
4 moment of silence for those 700 who gave their
5 lives in defense of this country.
6 ACTING PRESIDENT GRIFFO: Thank
7 you, Senator Larkin.
8 Please rise for a moment of silence.
9 (Whereupon, the assemblage respected
10 a moment of silence.)
11 ACTING PRESIDENT GRIFFO: The
12 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 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Yes, we have
21 one other resolution, by Senator Persaud. It's
22 Resolution 3610. Please read the title only and
23 call on Senator Persaud.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
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1 THE SECRETARY: Legislative
2 Resolution Number 3610, by Senator Persaud,
3 recognizing February 1, 2018, as World Hijab Day.
4 ACTING PRESIDENT GRIFFO: Senator
5 Persaud.
6 SENATOR PERSAUD: Thank you,
7 Mr. President.
8 As a person with friends of various
9 ethnic and religious backgrounds, it is my
10 privilege to stand here and sponsor a resolution
11 supporting women who hear the hijab. On
12 February 1st, the world -- actually, 140
13 countries across the world will recognize World
14 Hijab Day.
15 World Hijab Day is just
16 acknowledging that the women who are wearing the
17 hijab are just regular women. They're wearing
18 their religious garb to show their modesty.
19 They're wearing their religious garb to show that
20 they are part of a community.
21 World Hijab Day wishes -- they're
22 sharing with everyone. They're asking people to
23 stand and acknowledge them. Looking at someone
24 wearing a hijab does not mean that you should
25 look down on them. They are not an enemy. It's
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1 about tolerance. We preach tolerance every day
2 to our children. So we are asking that when you
3 look at someone with a hijab, that you accept
4 that.
5 Hijab is an expression of the faith
6 for women. There are over 3.3 million Muslims in
7 the United States. And for the women amongst
8 that population, they're showing that they're
9 covering their hair, their chest, their bodies --
10 they're sending a silent message showing that
11 that's how they respect the vessel of their body.
12 The woman who is hearing a hijab,
13 she's showing that she should not be judged by
14 her physical traits but instead by the content of
15 her character. As we all know, that's how we
16 should be judged. They should be judged by the
17 content of their character, their mind, and their
18 goals and ambitions.
19 In the United States we were founded
20 on the principles of religious freedom, but women
21 who wear hijabs are daily targeted. They walk
22 around in fear. We're showing -- when we stand
23 on February 1st, we're standing in solidarity
24 with them, telling them they should not walk
25 around in fear.
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1 Women wearing hijabs daily are
2 targeted. Some people try to rip their hijabs
3 off of them because they see them as inferior,
4 not as equal. They are afraid of them. We are
5 always afraid of the unknown. We're standing on
6 February 1st to say we should not be afraid of
7 women in hijabs, it's just their expression of
8 their culture. That's what we're asking for.
9 So on February 1st, when 140
10 countries come together and stand in solidarity
11 with women across the world, we're standing
12 together.
13 As a woman, a minority, I understand
14 what the women in hijabs feel, because many of us
15 have gone through the same things. We are looked
16 upon as unequal. On February 1st, again, we are
17 standing, I am standing with my friends who are
18 wearing hijabs, showing them that I am in
19 solidarity with them. They are not our enemies.
20 So when you see a woman in a hijab,
21 acknowledge her as a person, as a woman, as an
22 equal. She is not inferior. She is not your
23 enemy. She is expressing her religion.
24 Thank you all very much.
25 ACTING PRESIDENT GRIFFO: Thank
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1 you, Senator Persaud.
2 The question is on the resolution.
3 All in favor signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The
8 resolution is adopted.
9 At the request of the sponsors, both
10 Resolutions 3644 and 3610 are open for
11 cosponsorship. Should you choose to be a
12 cosponsor, please notify the desk.
13 Senator DeFrancisco, that completes
14 motions and resolutions before the desk.
15 SENATOR DeFRANCISCO: Is there is
16 there any further business at the desk?
17 ACTING PRESIDENT GRIFFO: There is
18 no further business before the desk.
19 SENATOR DeFRANCISCO: That being
20 the case, I move to adjourn until Monday,
21 February 5th, at 3:00 p.m., intervening days
22 being legislative days.
23 ACTING PRESIDENT GRIFFO: On
24 motion, the Senate will stand adjourned until
25 Monday, February 5th, at 3:00 p.m., intervening
395
1 days being legislative days.
2 The Senate is adjourned.
3 (Whereupon, at 12:25 p.m., the
4 Senate adjourned.)
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