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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 5, 2018
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting 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 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: In the
10 absence of clergy today, I would ask everyone
11 present to please bow their heads in a moment of
12 silent reflection and/or prayer.
13 (Whereupon, the assemblage respected
14 a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate, Sunday,
18 February 4th, the Senate met pursuant to
19 adjournment. The Journal of Saturday,
20 February 3rd, was read and approved. On motion,
21 Senate adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal will stand approved as
24 read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports of state
6 officers.
7 Motions and resolutions.
8 Senator DeFrancisco, we're on
9 motions and resolutions.
10 SENATOR DeFRANCISCO: Oh, thank
11 you.
12 Mr. President, I move that the
13 following bills be discharged from their
14 respective committees and be recommitted with
15 instructions to strike the enacting clause:
16 Senate Bill Numbers 1982, 2922, 4134, all by
17 Senator Gallivan.
18 ACTING PRESIDENT GRIFFO: So
19 ordered.
20 SENATOR DeFRANCISCO: I would also
21 like to move that the following bills by
22 Senator Murphy be discharged from their
23 respective committees and be recommitted with
24 instructions to strike the enacting clause:
25 Senate Bill Numbers 7551 and 7553.
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1 ACTING PRESIDENT GRIFFO: It is so
2 ordered.
3 SENATOR DeFRANCISCO: On page 18, I
4 offer the following amendments to Calendar 107,
5 Senate Print 2104, by Senator Felder, and ask
6 that the bill retain its place on the
7 Third Reading Calendar.
8 ACTING PRESIDENT GRIFFO: The
9 amendments are received. The bill shall retain
10 its place on third reading.
11 SENATOR DeFRANCISCO: On page 26, I
12 offer the following amendments to Calendar
13 Number 303, Senate Print 226A, by Senator Golden,
14 and ask that said bill retain its place on the
15 Third Reading Calendar.
16 ACTING PRESIDENT GRIFFO: The
17 amendments are received. The bill shall retain
18 its place on third reading.
19 SENATOR DeFRANCISCO: Lastly, on
20 page 35, I offer the following amendments to
21 Calendar 292, Senate Print 5243, by
22 Senator Boyle, and ask that said bill retain its
23 place on the Third Reading Calendar.
24 ACTING PRESIDENT GRIFFO: The
25 amendments are also received, and the bill shall
415
1 retain its place on third reading.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Now would you
4 please take up previously adopted Resolution
5 3609, by Senator Ritchie, read it in its
6 entirety, and call on Senator Ritchie to speak.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Legislative
10 Resolution Number 3609, by Senators Ritchie,
11 Griffo and Little, memorializing Governor Andrew
12 M. Cuomo to proclaim February 5, 2018, as Canada
13 Day in the State of New York.
14 "WHEREAS, New York and Canada share
15 many additional deep economic, historical,
16 cultural and familial ties; and
17 "WHEREAS, The two nations share an
18 international border measuring 445 miles in
19 length, with 17 international border crossings --
20 including three of the United States' top 10
21 busiest border crossings -- and featuring the
22 important international trade corridors, the
23 Quebec-New York Corridor, the Capitol Corridor,
24 and Continental One, as well as the busiest
25 crossing between Canada and the United States, in
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1 terms of passenger vehicles, at the Peace Bridge;
2 and
3 "WHEREAS, The New York-Canada
4 partnership boasts the largest bilateral tourism
5 industry in the United States, with over
6 5.53 million Canadians visiting New York,
7 accounting for over $1.6 billion in vacation
8 spending; and
9 "WHEREAS, Canada is New York's
10 primary export market, with $12.6 billion in
11 exports and $30.3 billion in bilateral trade in
12 2017; and
13 "WHEREAS, This relationship has led
14 to more than 700 Canadian-owned companies
15 operating in the State of New York; and
16 "WHEREAS, Those companies are
17 responsible for more than 72,750 jobs throughout
18 the state, with average salaries of $57,030; and
19 "WHEREAS, Reflective of this strong
20 relationship, when the Consul General of Canada
21 in New York State launched the Canadian
22 Technology Accelerator for digital media,
23 80 Canadian companies traveled to New York for
24 the program with 25 percent of program
25 participants establishing a presence in the
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1 United States; and
2 "WHEREAS, The economies of Canada
3 and New York are tightly linked through
4 integrated cross-border supply chains that keep
5 our firms competitive; now, therefore, be it
6 "RESOLVED, That this Legislative
7 Body pause in its deliberations to memorialize
8 Governor Andrew M. Cuomo to proclaim February 5,
9 2018, as Canada Day in the State of New York; and
10 be it further
11 "RESOLVED, That copies of this
12 resolution, suitably engrossed, be transmitted to
13 the Honorable Andrew M. Cuomo, Governor of the
14 State of New York, and to Consul General Phyllis
15 Yaffe of the Consulate General of Canada in
16 New York."
17 ACTING PRESIDENT GRIFFO: Senator
18 Ritchie.
19 SENATOR RITCHIE: Thank you,
20 Mr. President.
21 I'd like to welcome our visitors to
22 the Capitol today to celebrate Canada Day.
23 With the group traveling here today,
24 I would like to acknowledge Deputy Consul General
25 of Canada in New York Khawar Nasim; Caroline
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1 Desrochers, consul, Foreign Policy and Diplomacy
2 Services; Juan-Pablo Valdes, deputy consul,
3 Foreign Policy and Diplomacy Services; and other
4 senior members of the Canadian delegation --
5 Rachael Homewood, whom we all recognize from her
6 days in the Senate; Amanda Osborne; Kathrin
7 Gallo; Peter Rose; and Nada Jarjour.
8 With that, I would just like to say
9 for me personally it's a privilege to get to
10 welcome you here, for two reasons. First of all,
11 I represent 150 miles of our 450-mile common
12 border. But secondly, I've spent my entire life
13 just a couple of miles from the border.
14 In the North Country and in our
15 community, we don't see Canada as a foreign
16 country, we just see it as an extension of our
17 own community. And on a number of occasions I've
18 actually kidded about having to come to work in
19 Albany and taking four and a half hours to get to
20 the state's capital, but I can go to the nation's
21 capital in Canada in less than an hour.
22 And that reality I see every day
23 when I pull into my office in Ogdensburg. The
24 first thing I see is the Canadian shoreline each
25 and every day when I get out of my car. And that
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1 is what most of us in the North Country take
2 pride in, the fact that we have a strong
3 relationship with our Canadian neighbors.
4 Each and every day you can see how
5 strong the relationship is, whether it's with
6 trade, economic development, looking at a list of
7 Canadian companies who actually employ
8 New Yorkers, or if, you know, it's the tourism
9 industry. On any given weekend, you can drive
10 through the streets of not just Ogdensburg but
11 the neighboring communities and see probably
12 50 percent of the license plates on the highway
13 are actually Canadian vehicles.
14 So we certainly enjoy a great
15 relationship with our neighbors, something that
16 is extra special for those of who live there and
17 who recognize that when we work together, we're
18 both stronger.
19 And recently I've met with some
20 Canadian officials on two projects we're doing
21 jointly -- to try to put together a bike ferry
22 from Prescott, Ontario, to Ogdensburg, New York,
23 and also working together on an International
24 Craft Beverage Trail to help tourism on both
25 sides of the border. So I think those are just
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1 two of the projects that we're working on that
2 just shows the great partnership. And, you know,
3 what we do together certainly makes us both
4 stronger.
5 And with that, I just want to say
6 thank you for making the trip here today, thank
7 you for being great neighbors, and appreciate the
8 friendship that our communities share.
9 Thank you, Mr. President.
10 ACTING PRESIDENT GRIFFO: Thank
11 you, Senator Ritchie.
12 Senator Little.
13 SENATOR LITTLE: Thank you,
14 Mr. President.
15 It is my pleasure to stand and
16 welcome our Canadian friends here today. They
17 are very, very important to us in New York State.
18 I represent the eastern part of
19 New York State's border with Canada, and we are
20 very connected with Canada in my district.
21 I will tell you that we have just
22 established, in the Plattsburgh area, a new
23 Center of Excellence for transportation, working
24 with the Canadian Center of Excellence, which is
25 in Montreal. I represent the City of
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1 Plattsburgh, which calls itself Montreal's suburb
2 and really benefits a great deal from companies
3 located in Plattsburgh.
4 It is a fact that 15 percent of the
5 workforce in Plattsburgh, New York, gets up and
6 goes to work for a Canadian company every day.
7 And we have Bombardier, Nova Bus, many of their
8 suppliers. And that's the northern part of my
9 district. I also have the Akwesasne Indian
10 Reservation, which is partly in Canada and partly
11 in New York. And I also represent, in the
12 southern part of my district in Washington
13 County, Irving Tissue has a big presence with the
14 Irving family business of paper products,
15 Scotties Tissue, making products for Wegmans,
16 paper towels and all of that. So very, very
17 important and employing well over 300 people in
18 Washington County.
19 So we consider them not a foreign
20 country, we consider them a friend. They are our
21 biggest trading partners. They are some of our
22 biggest tourism component in our district, people
23 coming back and forth. And truthfully, they are
24 our friends and people that we work closely
25 together with and are very happy to have here
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1 with us today.
2 So thank you for coming, and thank
3 you to all my colleagues for this resolution and
4 to Senator Ritchie and Senator Griffo for joining
5 us. Thank you.
6 ACTING PRESIDENT GRIFFO: Thank
7 you, Senator Little.
8 Senator Kennedy.
9 SENATOR KENNEDY: Thank you,
10 Mr. President.
11 I too rise to welcome our friends
12 and our neighbors from the north, the Canadian
13 delegation. I want to tell you how honored we
14 are once again to have you in our presence and
15 our continued relationship that is fostered every
16 single day, week, and month throughout the years
17 that pass by.
18 I reside in Buffalo, represent the
19 City of Buffalo, the City of Lackawanna and the
20 Town of Cheektowaga. I already know how much you
21 are aware of the intimate relationship that we
22 have, not only historically but as we continue to
23 cultivate it in the business community with the
24 jobs, as has already been mentioned by my
25 colleagues.
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1 Whether we are talking about
2 creating businesses or enhancing businesses
3 between our countries and between southern
4 Ontario and New York State, there is so much work
5 that continues to be done.
6 So we appreciate your presence here
7 today, continued support for what we are doing on
8 both sides of the border, and we look forward to
9 fostering that relationship well into the future.
10 I have to always recognize and
11 embarrass my former staff member, who's the
12 senior diplomatic advisor to the Canadian
13 Consulate. She's here with us today, Rachael
14 Homewood, who we are very, very proud of. She
15 spent a lot of time in this chamber telling us
16 all what to do, and now she's telling the
17 Canadian government what we're doing here.
18 So again, to Deputy Consul General
19 Canadian Nasim and to your team, thank you,
20 welcome, and we look forward to working with you.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Kennedy.
23 As indicated, the resolution was
24 adopted on Tuesday, January 30th, 2018.
25 At this time we would like to extend
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1 a warm welcome -- bienvenues -- to our neighbors,
2 our friends, our allies and our partners. To
3 those representing the great country of Canada
4 today, we extend all the privileges and
5 courtesies of the house. Please stand and be
6 acknowledged.
7 (Standing ovation.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Flanagan.
10 SENATOR FLANAGAN: Mr. President,
11 thank you.
12 So let me add my voice to those of
13 my colleagues in welcoming the delegation here
14 from Canada. I remember going to Senator Betty
15 Little's district and getting a much better
16 understanding of the nature of the relationship
17 that exists.
18 But today I have two things that I
19 get to do. One is like a wickedly high point of
20 personal privilege. I just went in the members'
21 lounge and said something, so there's a young
22 lady seated behind me who I learned some new
23 nomenclature. She will be an octogenarian in a
24 couple of weeks. And that is my mother, Barbara
25 Flanagan.
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1 (Standing ovation.)
2 ACTING PRESIDENT GRIFFO: Leader,
3 we welcome --
4 SENATOR FLANAGAN: I don't think
5 that was enough clapping. Do it again.
6 (Laughter.)
7 SENATOR FLANAGAN: It's my mother,
8 for God's sake.
9 (Applause.)
10 ACTING PRESIDENT GRIFFO:
11 Mr. Leader, I can tell you that you are indeed a
12 fortunate man, because having met your mom, she
13 is truly a bright, pleasant, kind and gentle
14 lady.
15 So we extend all of the courtesies
16 of the house to Mrs. Flanagan today. It's a
17 pleasure to have you with us. And you are indeed
18 a fortunate man, Mr. Leader.
19 SENATOR FLANAGAN: I always say she
20 is Donna Reed in real life.
21 Now equally and perhaps more
22 important, and I asked -- where the heck is
23 Peter? I asked him to look this up. He went to
24 the Google. What's the right word, "nona"?
25 Okay. So today is a really big day -- I mean,
426
1 truly a big day. Because I think about this, I'm
2 56, Bill Larkin was 34 years old when I was born.
3 So today the term that I learned -- Kennedy,
4 Sanders, I'm looking at you guys, okay, Comrie,
5 Stavisky, I'm looking at Persaud and I'm looking
6 over -- was nonagenarian.
7 So ladies and gentlemen. Please
8 join me in celebrating Senator Larkin's 90th
9 birthday today.
10 (Standing ovation.)
11 ACTING PRESIDENT GRIFFO:
12 Mr. Leader -- Mr. Leader, much as they did, if
13 you would indulge the house, in the Congress in
14 2014 when they sang to -- or a long time ago, I
15 should say, they sang in the '80s to a former
16 great president, Ronald Reagan, I'd ask that
17 maybe we all rise and sing "Happy Birthday" to
18 Senator Larkin.
19 SENATOR FLANAGAN: I agree with
20 you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Would
22 everybody please join me.
23 Senator Bailey, will you lead us?
24 (Laughter.)
25 SENATOR BAILEY: Mr. President, can
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1 we have the Stevie Wonder version of "Happy
2 Birthday"?
3 (Laughter.)
4 (The assemblage sang "Happy
5 Birthday.")
6 ACTING PRESIDENT GRIFFO: God bless
7 you, Senator Larkin.
8 (Applause.)
9 SENATOR FLANAGAN: You know, Joe
10 Bruno would love to look as good as Bill Larkin
11 does. So I think he looks quite fetching,
12 considering. And I asked him, he's got a -- look
13 at him, he's got the nice coordinated tie, the
14 sweater and the appropriate flower. And he told
15 me that his wife dressed him this morning.
16 (Laughter.)
17 SENATOR FLANAGAN: So at least we
18 know where he gets his taste.
19 Again, Colonel, happy birthday.
20 SENATOR LARKIN: Thank you.
21 (Applause.)
22 ACTING PRESIDENT GRIFFO: God bless
23 you, Senator Larkin.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Can we now
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1 take up the noncontroversial calendar.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number 85,
5 by Senator Avella, Senate Print 1509, an act to
6 amend the Agriculture and Markets Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 30th day after it
11 shall have become a law.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 236, by Senator LaValle, Senate Print 2212, an
20 act to amend the Education Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 239, by Senator LaValle, Senate Print 3834, an
8 act to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 248, by Senator Croci, Senate Print 902, an act
21 to amend the Mental Hygiene Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 262, by Senator Marcellino, Senate Print 1293, an
9 act to amend the Real Property Tax 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 ACTING PRESIDENT GRIFFO: Senator
18 Kaminsky to explain his vote.
19 SENATOR KAMINSKY: Thank you very
20 much, Mr. President.
21 I think this is an apt bill.
22 Certainly residents of Long Island have found
23 that IDAs have gotten out of control. They find
24 their taxes are going up without understanding
25 why, without any accountability, frankly.
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1 They're finding the IDAs are filled by political
2 appointees, you know, senior members of parties,
3 other elected officials who may not be the best
4 at understanding development. And school
5 districts are finding their available funding
6 lower and lower each year as a result of IDA
7 processes of which they have no part.
8 So I think this is excellent today
9 that we're tackling IDA reform. It's especially
10 galling to know that someone will win a PILOT
11 agreement and then try to have their assessment
12 lowered after that.
13 But I hope this is just the
14 beginning. I think school districts and other
15 municipalities should be part of the process from
16 the very beginning in helping know what the
17 impact will be on them, and perhaps even part of
18 the actual process of making that decision.
19 And maybe we should think about how
20 IDAs are funded. The fact that they actually
21 live on the money that they generate from the
22 deals that they green-light seems very backwards
23 to me. And the fact that they have become places
24 for political patronage is just completely
25 inappropriate.
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1 So I vote aye on this. I think this
2 is a good measure. And I hope we can dedicate
3 some other good time this session on reforming
4 IDAs. I vote in the affirmative.
5 ACTING PRESIDENT GRIFFO: Senator
6 Kaminsky to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 268, by Senator Ortt, Senate Print 2605A, an act
13 authorizing.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 56. Nays, 1.
22 Senator O'Mara recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 269, by Senator Little, Senate Print 2947, an act
2 to amend Chapter 308 of the Laws of 2012.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. 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, 57.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 270, by Senator Carlucci, Senate Print 4081, an
15 act to amend the Real Property Tax Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Senator
24 Carlucci to explain his vote.
25 SENATOR CARLUCCI: Thank you,
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1 Mr. President.
2 Every bill that I get right now, I
3 try to pay through automatic bill pay. I pay my
4 credit card bill, my mortgage bill, my car
5 payment through automatic bill pay.
6 But the one bill that I can't pay is
7 my property taxes. In fact, every resident
8 outside of New York City can't pay their property
9 taxes through automatic bill pay.
10 This is a simple bill but will bring
11 us into the 21st century, allow our
12 municipalities to streamline their process to
13 allow their taxpayers to do automatic bill pay,
14 set it, forget it, pay their taxes on time so
15 they won't be hit with fines and fees.
16 Right now in New York State what
17 makes this bill additionally important is that by
18 law, towns can charge school districts up to
19 1 percent just for receiving their property tax
20 payments. This is something that will make it
21 easier for municipalities to collect property
22 taxes. And we've got to continue to leave no
23 stone unturned when it comes to ways to
24 streamlining government to reduce the property
25 tax burden that our taxpayers have to pay.
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1 So this is an important bill to move
2 us into the 21st century. I want to thank my
3 colleagues for supporting it, and I'll be
4 supporting this legislation as well.
5 Thank you, Mr. President.
6 ACTING PRESIDENT GRIFFO: Senator
7 Carlucci in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 281, by Senator Amedore, Senate Print 6959, an
14 act to amend the Real Property Tax 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, 57.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 282, by Senator Amedore, Senate Print 6960, an
2 action to require.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. 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, 57.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 Senator DeFrancisco, that completes
14 the noncontroversial reading of today's
15 active-list calendar.
16 You may also note that the previous
17 resolution, which was adopted previously on
18 January 30th, by Senator Ritchie is open for
19 cosponsorship. Should you choose to be a
20 cosponsor, please notify the desk.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: There will be
23 an immediate meeting of the Rules Committee in
24 Room 332.
25 ACTING PRESIDENT GRIFFO: There's
437
1 an immediate meeting of the Rules Committee in
2 Room 332, immediate meeting of the Rules
3 Committee in Room 332.
4 The Senate will stand at ease.
5 (Whereupon, the Senate stood at ease
6 at 3:50 p.m.)
7 (Whereupon, the Senate reconvened at
8 3:57 p.m.)
9 ACTING PRESIDENT GRIFFO: The
10 Senate will return to order.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Is there a
13 Rules Committee report at the desk?
14 ACTING PRESIDENT GRIFFO: There is.
15 The Secretary will read.
16 THE SECRETARY: Senator Flanagan,
17 from the Committee on Rules, reports the
18 following bill:
19 Senate Print 7587A, by Senator
20 Hannon, an act to amend the Insurance Law.
21 Reported direct to third reading.
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco, I'll entertain a motion.
24 SENATOR DeFRANCISCO: Move to
25 accept the report of the Rules Committee.
438
1 ACTING PRESIDENT GRIFFO: A motion
2 is on the floor to accept the Committee on Rules
3 report. All in favor say aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The
8 committee report is accepted and before the
9 house.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Now, that
12 bill on the Rules Committee report is now part of
13 Senate Supplemental Calendar 9A. Can we take up
14 that calendar.
15 ACTING PRESIDENT GRIFFO: We will
16 begin reading Senate Supplemental Calendar 9A.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 367, by Senator Hannon, Senate Print 7587A, an
20 act to amend the Insurance Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
439
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Senator
4 Sanders to explain his vote.
5 SENATOR SANDERS: Yes, I'm going to
6 vote no on this bill for two reasons.
7 I don't believe that it guarantees
8 that the cash that the policyholder has saved is
9 going to return to the policyholder. Indeed, it
10 may be spent by the insurance company in the --
11 under the guise of being used to the
12 policyholder.
13 My second and more major issue is
14 with the anticipated cuts from Washington, D.C.,
15 I believe that the Governor's plan makes more
16 sense, to hold on to money so that we do not have
17 to turn to the taxpayers later to make up holes,
18 to make up shortfalls.
19 So I think that this is a -- the law
20 of unanticipated consequences. A nice idea, but
21 we needed to work on it more and we're not
22 looking for that steamroller coming out of D.C.
23 that's hitting us.
24 So I'm voting no, sir.
25 ACTING PRESIDENT GRIFFO: Senator
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1 Sanders to be recorded in the negative.
2 Senator DeFrancisco to explain his
3 vote.
4 SENATOR DeFRANCISCO: Yes, I just
5 want to mention that what we're trying to do by
6 this bill is to avoid a situation where the
7 taxpayers do not receive the benefits of tax cuts
8 in Washington.
9 And to me it doesn't make sense that
10 we're concerned about a steamroller in Washington
11 when there would be savings that we're trying to
12 make sure that savings goes to the policyholders,
13 rather than additional taxes, because God knows
14 we have enough, and that's why people are leaving
15 the state.
16 Thank you, Mr. President.
17 ACTING PRESIDENT GRIFFO: Senator
18 DeFrancisco to be recorded in the affirmative.
19 Senator Seward to explain his vote.
20 SENATOR SEWARD: Yes, I rise to
21 explain my vote, Mr. President.
22 You know, no question that when
23 New Yorkers sit down around the kitchen table to
24 pay their monthly bills and just talk about how
25 they're going to get through the month
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1 financially, you know, the healthcare portion of
2 their family budget is always a top concern. And
3 we need to take steps to ease that burden, not
4 create new taxes which will only just drive up
5 the costs of healthcare and health insurance
6 premiums.
7 So the legislation before us today
8 will help lower health insurance costs and lead
9 to a healthier bottom line for families and
10 individuals of New York State. So I'm very
11 pleased to stand in support of this legislation.
12 ACTING PRESIDENT GRIFFO: Senator
13 Seward to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 367: Ayes, 57. Nays, 2. Senators
17 Hoylman and Sanders recorded in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 Senator DeFrancisco, that completes
21 the noncontroversial reading of today's Senate
22 Supplemental Calendar 9A.
23 SENATOR DeFRANCISCO: Is there any
24 further business at the desk?
25 ACTING PRESIDENT GRIFFO: There is
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1 no further business before the desk.
2 SENATOR DeFRANCISCO: That being
3 the case, I move to adjourn until Tuesday,
4 February 6th, at 11:00 a.m.
5 ACTING PRESIDENT GRIFFO: On
6 motion, the Senate will stand adjourned until
7 Tuesday, February 6th, at 11:00 a.m.
8 The Senate is adjourned.
9 (Whereupon, at 4:01 p.m., the Senate
10 adjourned.)
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