2033
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 16, 2018
11 4:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
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
5 and 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: Today's
10 invocation will be offered by the Reverend Craig
11 Robinson, pastor of Israel African Methodist
12 Episcopal Church here in Albany.
13 Reverend?
14 REVEREND ROBINSON: Let us pray.
15 God of creation and life, we stand
16 in awe of Your holy presence and we wonder at
17 the work of Your hands. Thank You for bringing
18 us to this new day and gathering us together in
19 this place. We pray that we will begin the work
20 of making life abundant for all.
21 God of love and mercy, we praise
22 You for Your steadfast love which endures
23 forever and that follows us everywhere we go.
24 We pray that Your love and merciful compassion
25 will animate the work this chamber does today,
2035
1 so that citizens of this great State of New York
2 will know their high value and find vital hope
3 in our common destiny.
4 God of justice and peace, we
5 acknowledge the shortcomings of our human family
6 and the ways that we often miss the mark in our
7 effort to build beloved community. Incline our
8 hearts to the needs of the vulnerable in our
9 society. Let the work that happens in this
10 chamber open the way for Your justice to roll
11 down like water, and righteousness like a mighty
12 stream.
13 Let Your peace abide in the
14 Senators of this chamber as they move through
15 today's business. Gracious God, bless this
16 Senate chamber. Bless the work that the
17 Senators do on behalf of the people of the State
18 of New York. Bless each Senator and their
19 staff.
20 Give each Senator wisdom to create
21 policies that help build a more equitable and
22 just society. Give each Senator courage to
23 advocate for what is right. Give each Senator
24 an extra measure of Your compassionate love.
25 Give each Senator the endurance to keep working
2036
1 until the tasks are completed.
2 Hear our prayer, O Lord. Hear our
3 prayer, O Lord. Incline Your ear to us and grant
4 us peace. Amen.
5 THE ASSEMBLAGE: Amen.
6 ACTING PRESIDENT GRIFFO: I would
7 ask all members to please remain standing, at the
8 request of Senator Larkin.
9 This week we lost a colleague of
10 ours in the New York State Legislature and
11 another public official in the City of Newburgh.
12 So in remembrance and in silent prayer, let us
13 remember Assemblymember Frank Skartados of the
14 140th Assembly District and Mayor Judy Kennedy of
15 the City of Newburgh.
16 (Whereupon, the assemblage respected
17 a moment of silence.)
18 ACTING PRESIDENT GRIFFO: The
19 reading of the Journal.
20 THE SECRETARY: In Senate, Sunday,
21 April 15th, the Senate met pursuant to
22 adjournment. The Journal of Friday, April 13th,
23 was read and approved On motion, Senate
24 adjourned.
25 ACTING PRESIDENT GRIFFO: Without
2037
1 objection, the Journal will stand approved as
2 read.
3 Presentation of petitions.
4 Messages from the Assembly.
5 Messages from the Governor.
6 Reports of standing committees.
7 Reports of select committees.
8 Communications and reports of state
9 officers.
10 Motions and resolutions.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Yes, I wish
13 to call up Senate Bill 6898B, by Senator Golden,
14 recalled from the Assembly, which is now at the
15 desk.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 397, by Senator Golden, Senate Print 6898B, an
20 act to amend the General Municipal Law.
21 SENATOR DeFRANCISCO: I now move to
22 reconsider the vote by which the bill was passed.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll on reconsideration.
25 (The Secretary called the roll.)
2038
1 THE SECRETARY: Ayes, 59.
2 SENATOR DeFRANCISCO: I now offer
3 the following amendments.
4 ACTING PRESIDENT GRIFFO: The
5 amendments are received.
6 SENATOR DeFRANCISCO:
7 Mr. President, on page 11 I offer the following
8 amendments to Calendar 175, Senate Print 4593, by
9 Senator Ortt, and ask that said bill retain its
10 place on the Third Reading Calendar.
11 ACTING PRESIDENT GRIFFO: The
12 amendments are received, and the bill shall
13 retain its place on third reading.
14 SENATOR DeFRANCISCO: Also, on
15 page number 20, I offer the following amendments
16 to Calendar 326, Senate Print 4136A, and ask that
17 said bill retain its place on the Third Reading
18 Calendar. It's a Senator Lanza bill.
19 ACTING PRESIDENT GRIFFO: The
20 amendments are received. The bill shall retain
21 its place on third reading.
22 SENATOR DeFRANCISCO:
23 Mr. President, would you now call on Senator
24 Gianaris for a hand-up.
25 ACTING PRESIDENT GRIFFO: Senator
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1 DeFrancisco, the floor yields to Senator Gianaris
2 for a hand-up.
3 Senator Gianaris.
4 SENATOR DeFRANCISCO: Before you do
5 that, I have another idea.
6 We -- the Senate Republican
7 conference has a hand-up at the desk.
8 ACTING PRESIDENT GRIFFO: There is
9 a hand-up at the desk. It is received.
10 Upon review, it is so ordered to be
11 filed with the Journal.
12 SENATOR DeFRANCISCO: All right,
13 now would you call on Senator Gianaris.
14 ACTING PRESIDENT GRIFFO: Senator
15 Gianaris.
16 SENATOR GIANARIS: Mr. President,
17 on their way up to you are several hand-ups that
18 will be adding eight members to the Democratic
19 Conference of the State Senate and making
20 concomitant changes to leadership and committee
21 assignments. Please receive them and file them
22 in the Senate Journal.
23 ACTING PRESIDENT GRIFFO: The
24 hand-ups are at the desk. (Pause.)
25 Upon review, it is so ordered and
2040
1 directed to be filed in the Journal.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO:
4 Mr. President, could you take up previously
5 adopted Resolution 3736, by Senator LaValle, read
6 it in its entirety and call on Senator LaValle to
7 speak, please.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 3736, by Senator LaValle,
12 mourning the death of Lyle Wells, legendary
13 North Fork farmer, family man, and devoted member
14 of his community.
15 "WHEREAS, The agricultural industry
16 is part of the foundation upon which our distinct
17 American heritage is built; and
18 "WHEREAS, New York State and the
19 entire United States is dependent on our
20 agricultural industry for a variety of food
21 products; and
22 "WHEREAS, It is the sense of this
23 Legislative Body to commend the efforts of our
24 farmers as they continue their hard work of
25 cultivating the land, facing the many challenges
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1 of nature such as flood, drought and heat, in
2 order to grow our food; and
3 "WHEREAS, It is with great sorrow
4 and deep regret that this Legislative Body
5 records the passing of Lyle Wells, noting the
6 significance of his purposeful life and
7 accomplishments; and
8 "WHEREAS, Lyle Wells of North Fork,
9 New York, died on his farm on Thursday,
10 January 25, 2018, at the age of 62; and
11 "WHEREAS, In 1661, William Wells was
12 granted three parcels of land in Aquebogue,
13 New York; for 350 years, the Wells family has
14 owned and operated Wells Homestead Acres at
15 4162 Sound Avenue, making them the oldest farmers
16 in Aquebogue, New York; and
17 "WHEREAS, A true visionary, Lyle
18 Wells was born with dirt running through his
19 veins and sweat pouring from his brow; as soon as
20 he could handle a hoe, Lyle was tending to his
21 vegetable garden; he was curious about plants and
22 always strived to grow the best quality products
23 with the latest technological practices; and
24 "WHEREAS, Throughout the years, Lyle
25 Wells held numerous jobs but always found his way
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1 back to the land; and
2 "WHEREAS, Lyle Wells prided himself
3 on his tender asparagus, and was recognized as
4 the largest asparagus grower on Long Island; Lyle
5 harvested between 4,000-5,000 crates of asparagus
6 each season, and sold the produce to local farm
7 stands, supermarkets, and online grocer
8 Fresh Direct; and
9 "WHEREAS, Known as the 'Father of
10 Land Preservation,' Lyle Wells was committed to
11 saving Long Island's precious farmland; he
12 served as the president of the Long Island Farm
13 Bureau, where he was instrumental in creating the
14 transfer development rights program; he was also
15 a member of the Riverhead Town Planning Board;
16 and
17 "WHEREAS, Lyle Wells will long be
18 remembered for many things such as his infectious
19 laughter, infinite kindness, love of the land,
20 role as Mr. Fix-it, delicious asparagus, and
21 above all, his role as a multigenerational farmer
22 and loving father and grandfather; and
23 "WHEREAS, Lyle Wells truly lived his
24 life to the fullest; he loved to feel the cold
25 dirt sift through his fingers in the early
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1 morning light, and reveled in the sun as it set
2 on his way home from the fields; he strongly
3 believed in his mantra, 'Positive is how I live';
4 and
5 "WHEREAS, Through his diligence and
6 expertise in farming, Lyle Wells has brought
7 pride and recognition to himself, his local
8 community, and to our great Empire State; and
9 "WHEREAS, Predeceased by his
10 parents, Kenneth L. and Justine Wells, and two
11 brothers, Kent Wells and Scott Wells, Lyle Wells
12 is survived by his daughter Jessica (Carlos) de
13 Vera Wells; two sons, Matthew Wells and Logan
14 Wells; his partner, Wendy Kukla; two grandsons,
15 Laird and Warner; two brothers, Mark Wells and
16 Brett Wells; the mother of his children, Susan
17 Wells, and many other family members and friends,
18 as well as a legion of fellow farmers who will
19 long cherish his memory; and
20 "WHEREAS, Armed with a humanistic
21 spirit and imbued with a sense of compassion,
22 Lyle Wells leaves behind a legacy which will long
23 endure the passage of time and will remain as a
24 comforting memory to all he served and
25 befriended; now, therefore, be it
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1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to mourn the
3 death of Lyle Wells, legendary North Fork farmer,
4 family man, and devoted member of his community;
5 and be it further
6 "RESOLVED, That a copy of this
7 resolution, suitably engrossed, be transmitted to
8 the family of Lyle Wells."
9 ACTING PRESIDENT GRIFFO: Senator
10 LaValle.
11 SENATOR LaVALLE: Thank you,
12 Mr. President.
13 Today is kind of a bittersweet day
14 because Lyle was a friend, someone who I knew for
15 many, many years. And as a matter of fact, many
16 of you, if you saw a picture, would know Lyle
17 because he came up almost every year for
18 Farm Day. And it was important to him that
19 Suffolk County be recognized as a farm county.
20 And certainly the Wells name goes
21 back. Ironically enough, my wife's maiden name
22 is Wells, and so my wife and Lyle really bonded.
23 They would go through this whole thing over and
24 over again to see if there was some familial
25 bonding to be had, but over the years it never
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1 happened.
2 Lyle was a very special guy.
3 Because he was very heady about -- an
4 intellectual, about a lot of things -- and then
5 he would go from that modality into a little grin
6 and laughter.
7 Lyle wore the same hat, he was kind
8 of like the Marlboro Man. But his contribution
9 to farming in Suffolk County was enormous, and
10 also in terms of the State of New York.
11 So I got to know him and played some
12 golf with him. And he was devoted to his farm,
13 because if he didn't be as devoted, he would have
14 been one heck of a golfer. And he loved it. He
15 loved it. So I had the opportunity of playing
16 golf with him at Shinnecock. And as all of you
17 know, the next open is going to be in Suffolk
18 County at the Shinnecock Country Club.
19 So the thing that Lyle was a man
20 ahead of his own time is that farmer after
21 farmer, it was passed down that they would grow
22 potatoes. And Lyle saw that there was going to
23 be a point in time where just growing that one
24 crop would not be enough. So he was one if not
25 the first farmer to say I've got to be
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1 diversified in my crop growing.
2 And he changed, changed farming in
3 Suffolk County from being known as a county that
4 grew potatoes to a county that now grows
5 everything, including hops. I think Senator
6 O'Mara probably knows what that is. But as I was
7 driving along the North Fork one day, I saw these
8 things just growing up, and I said to one of my
9 staff members: "What are those things?" And he
10 said "Hops." So we're into beer out in Suffolk
11 County, as well as wine and everything else.
12 I would like -- we are joined here
13 today, and I'm glad because it's a special day.
14 So when I call your name, would you stand up?
15 Daughter Jessica and her husband Carlos. Son
16 Logan and his partner Sam. Son Matthew and his
17 partner Ella. And two grandchildren, Laird and
18 Warner. Congratulations to your family in having
19 just a great, great dad and grandpa.
20 (Applause.)
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator LaValle.
23 On behalf of the members of the
24 Senate, we want to extend our sincere condolences
25 to the Wells family. And we welcome you and
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1 extend the courtesies and the privileges of the
2 house.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Yes, would you
5 please recognize Senator Helming for a brief
6 introduction.
7 ACTING PRESIDENT GRIFFO: Senator
8 Helming.
9 SENATOR HELMING: Thank you,
10 Mr. President.
11 Today I rise to congratulate and
12 recognize the Canandaigua Braves Varsity
13 Cheerleading Team, their head coach, Laura
14 Burgess, and Athletic Director Jim Simmons for
15 winning the 2018 New York State Small School
16 Cheerleading Championship.
17 Canandaigua Academy has a long
18 history of producing stellar student athletes,
19 and this cheerleading team builds upon that
20 tradition. These young women started their
21 season labeled as the sectional underdogs and
22 were referred to, the team, as "in a rebuilding
23 stage."
24 Rather than being defined by this
25 label, Coach Laura and the cheerleaders used it
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1 as inspiration. They committed to working hard
2 and training even harder. As their season
3 progressed, so did their performance. These
4 remarkable young women not only won the sectional
5 championship for their division, they went on to
6 win the New York State championship, where they
7 also captured the title "Grand Champion" for
8 earning the highest score of the competition.
9 For those of you who may not be
10 familiar with cheerleading, it is a demanding and
11 competitive sport. Cheerleaders spend countless
12 hours in gyms building their core strength in
13 order to execute incredibly complex gymnastics
14 routines. I learned just how demanding this
15 sport is during my own daughter's tenure as a
16 Canandaigua Braves cheerleader.
17 During my daughter's time, I was
18 surprised and disappointed to learn high school
19 cheerleading in New York State was not recognized
20 as an official sport. Despite the efforts of
21 many involved with the sport, it took until the
22 spring of 2014 for cheerleading to be finally be
23 recognized and sanctioned as a sport.
24 That's one of the reasons why I'm so
25 proud to have the Canandaigua cheerleaders here
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1 with us today. This team has the distinct honor
2 of being the school's first cheerleading team to
3 win the state title. They are very fortunate to
4 be supported by a school district, athletic
5 director, coaching staff, and a community who
6 have always recognized cheerleaders as the
7 athletes they are, and who fought to bring about
8 this change that benefits athletes across
9 New York State.
10 On behalf of the New York State
11 Senate and the greater Canandaigua community, I
12 congratulate you on your successful season. And
13 I'd ask that as I read your name, you please
14 stand to be recognized.
15 Head Coach Laura. Athletic Director
16 Jim Simmons. Caelyn Taribassi. Lexi Wagenbaugh.
17 Alaynna Richmond. Aspen Farnes. Samantha
18 Collea. McKiah Ayers. Olivia Wethington. Sage
19 Simmons. Teagan Cronk. Alsatia Holbrook.
20 Katelynn Kimble. Lexi Taft. Meleena Mortimer.
21 Katie Opiela. Mikayla Coleates. And Gabi
22 Tepedino.
23 Girls, I congratulate you on your
24 tremendous team success.
25 Thank you.
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1 (Applause.)
2 ACTING PRESIDENT GRIFFO: On behalf
3 of the New York State Senate, we welcome and
4 congratulate the Canandaigua Academy
5 cheerleaders, coaches and staff, and extend the
6 privileges of the house.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Can we now
9 take up a previously adopted resolution by
10 Senator Kennedy, 3118, title only, and call on
11 Senator Kennedy to speak, please.
12 ACTING PRESIDENT GRIFFO: Some
13 order in the house, please.
14 The Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 3118, by Senator Kennedy,
17 honoring Buffalo Police K-9 Officer Craig E.
18 Lehner posthumously upon the occasion of his
19 designation as recipient of a Liberty Medal, the
20 highest honor bestowed upon an individual by the
21 New York State Senate.
22 ACTING PRESIDENT GRIFFO: Senator
23 Kennedy.
24 SENATOR KENNEDY: Thank you,
25 Mr. President.
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1 Today I rise to honor the life of
2 Lieutenant Craig Lehner, a Buffalo police
3 officer, military veteran, and proud Buffalonian,
4 who we tragically lost on October 13, 2017.
5 Lieutenant Lehner was a nine-year
6 veteran of the Buffalo Police Department, a
7 K-9 handler, a National Guard veteran serving two
8 deployments, and a member of the Buffalo Police
9 Department Underwater Recovery Team.
10 While conducting an underwater
11 training exercise in October of last year,
12 Lieutenant Lehner's rope broke and he did not
13 resurface. In the minutes, hours and days to
14 come, our community was united in support of
15 Lieutenant Lehner and his family, and we mourned
16 with them when his body was later recovered from
17 the Niagara River by his colleagues.
18 Lieutenant Lehner was 34 years old,
19 with his whole life ahead of him. Craig was an
20 all-American citizen, and those closest to him
21 say throughout his life he was always eager to do
22 one thing, help other people.
23 Lieutenant Lehner served as an
24 Army National Guard military police officer for
25 16 years, assigned to the 105th Military Police
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1 Company at Masten Armory in Buffalo. As staff
2 sergeant, he was deployed to Iraq in 2007 and
3 ended that deployment in 2015.
4 During his time in the military, he
5 was awarded more than a dozen medals, including
6 the Army Commendation Medal, Air Assault Badge,
7 Global War on Terrorism Expeditionary Medal, and
8 five Army Achievement Medals.
9 He left the service in 2016.
10 Afterward he said, "I served my country, now I
11 want to serve my community."
12 He began his career with the Buffalo
13 Police Department in the gang suppression unit,
14 where he won a Mayoral Award for Excellence, and
15 later moved to the K-9 unit and dive team.
16 When Craig was teamed with his K-9
17 partner, he chose to name it Shield, in honor of
18 Officer James A. Shield, a Buffalo police officer
19 who died in an on-duty accident in 2002.
20 And now we honor Craig. The Buffalo
21 police K-9 training facility on Louisiana Street
22 will be named in honor of Lieutenant Lehner.
23 Craig's name will also be engraved on the wall of
24 the National Law Enforcement Memorial in
25 Washington, D.C., forever remembered as making
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1 the ultimate sacrifice in service to his
2 profession and our community.
3 Thousands of people, including
4 officers from across the United States, traveled
5 to Buffalo to mourn Lieutenant Lehner's passing
6 and celebrate his life.
7 I would like to thank his family for
8 being here with us today, including his mother
9 Kathy and his sister Donna Wilson.
10 This outpouring of support is also a
11 true testament to you, Kathy and Donna, as well
12 as the rest of your family, for giving Craig and
13 sharing Craig with all of us.
14 His partner and friend Tommy
15 Champion said it best when he said that Craig
16 wasn't just working a job, he was using his life
17 to try to impact the world and leave it a better
18 place in his wake, and that his vast presence is
19 still here with us.
20 He is undoubtedly here with us today
21 in this chamber and with the men and women in
22 blue that are sacrificing for our community and
23 communities like ours across this great state and
24 nation.
25 After spending his life in selfless
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1 service, showing a remarkable resolve and
2 extraordinary dedication, Lieutenant Craig Lehner
3 will be remembered as a fearless patriot and an
4 admired friend and leader.
5 Today I am so honored to present the
6 Lehner family with the New York State Senate's
7 Liberty Medal. This award is reserved for those
8 that have gone above and beyond the call of duty
9 on behalf of their community and New York State.
10 I cannot think of anyone more deserving of this
11 commendation than Lieutenant Lehner, who gave
12 everything.
13 To the Lehner family, we are so
14 sorry for your loss and we hope that the
15 knowledge that Craig will be forever remembered
16 by the people of Buffalo provides a small amount
17 of comfort as we mourn the loss of this great
18 man.
19 The City of Buffalo, the Empire
20 State of New York and this extraordinary United
21 States of America are forever indebted Craig for
22 his service and his sacrifice. May his memory
23 and spirit forever endure, and may Buffalo Police
24 Lieutenant Craig Lehner rest in peace.
25 Thank you, Mr. President.
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1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator Kennedy.
3 Senator Gallivan.
4 SENATOR GALLIVAN: Thank you,
5 Mr. President.
6 It is my pleasure to rise and stand
7 in honor of the extraordinary service of Buffalo
8 Police K-9 officer and Lieutenant Craig Lehner.
9 And I thank Senator Kennedy for
10 bringing this resolution forward and honoring
11 Craig's family.
12 Many of you know my background is in
13 law enforcement, my family's background is in
14 law enforcement, and I have great respect for the
15 dedication that law enforcement officers have in
16 keeping our communities safe, and great
17 respect for the legacy of and the work of Craig
18 Lehner and the things that he accomplished during
19 his lifetime.
20 He certainly was the type of police
21 officer that should be held up to be the
22 standard. No question he went above and beyond
23 his service to the department and the residents
24 of the City of Buffalo. He worked in a number of
25 specialized units, as we heard Senator Kennedy
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1 talk about. And many people don't know how hard
2 it is to do your job and then take on these
3 specialized units -- the extra training, the
4 extra level of dedication, training, commitment
5 that it requires. And Officer Lehner took on
6 this added responsibility not just with
7 dedication and compassion, but he sought it out.
8 Before he took his oath, we heard
9 Senator Kennedy describe his time in the service,
10 deployed to Iraq and Guantanamo Bay, and earning
11 more than a dozen medals for his military
12 service.
13 When we consider what the highest
14 honor that we can give is, the Liberty Medal,
15 what it stands for -- exceptional, heroic or
16 humanitarian acts on behalf of fellow New
17 Yorkers -- like Senator Kennedy, I can think of
18 no one more deserving than Craig Lehner.
19 To his mother Kathleen and sister
20 Donna, it was my honor and pleasure to meet you.
21 I'm so glad that you're here today. I thank you
22 and your extended family for supporting him in
23 his service, for supporting him in standing up
24 for his fellow man and serving our country, our
25 state and our community.
2057
1 May God bless you and keep you safe.
2 ACTING PRESIDENT GRIFFO: Senator
3 Jacobs.
4 SENATOR JACOBS: Thank you,
5 Mr. President.
6 It is an honor to rise today in full
7 support of awarding the Liberty Medal to Officer
8 Craig Lehner. And I want to again thank Senator
9 Kennedy for initiating this.
10 My condolences to the entire Lehner
11 family and to his mother Kathleen and to Donna,
12 his sister, for being here today. Thank you very
13 much for being here to accept this medal today.
14 I also want to thank everybody who
15 has been supportive during this time that we have
16 dealt with this issue, over seven months ago in
17 terms of when this tragedy happened.
18 Craig Lehner was an incredible man
19 of service, whether it was service to his
20 country, in the National Guard in conflict zones
21 such as Iraq, or back home in Buffalo as a police
22 officer with his K-9 partner Shield.
23 I did not have the good fortune of
24 meeting Officer Lehner, but like most Western
25 New Yorkers I feel as though I do know him
2058
1 because I, like so many, kept vigil over the five
2 days there was the search for him during the
3 tragedy, and over those days learned about him
4 and the special person he was.
5 A reporter who spent a few days with
6 him several months -- about a year ago, I believe
7 the article was written -- wrote how impressed
8 she was by him in the mere few hours that she was
9 with him. And I'll quote, the reporter stated:
10 "There was a soul, a humility to him, and a very
11 calm way. Unlike lots of people, he did not want
12 to talk about himself. He just seemed like such
13 a thoughtful and sensitive person." I think most
14 people who knew Craig would agree with that
15 description.
16 And I just wanted to comment on the
17 wonderful -- your son's service and life of
18 giving to others and how he brought people
19 together. The tragedy that you dealt with, it
20 was a final stage of him bringing people together
21 as well. I don't ever think I have seen our
22 community come together, whether it was first
23 responders in a search or the community coming
24 together afterward. And I believe there was a
25 lot of goodness generated that will move forward
2059
1 and benefit our community. So Craig gave to his
2 community even when we lost him.
3 Again, thank you so much for being
4 here. Thank you for raising a wonderful son.
5 And thank you, Senator Kennedy, again, for
6 initiating this award.
7 ACTING PRESIDENT GRIFFO: Senator
8 Ortt.
9 SENATOR ORTT: Mr. President, I too
10 want to rise and thank my colleague Senator
11 Kennedy. I'd just echo the comments of my
12 colleagues Senator Gallivan and Senator Jacobs.
13 I know Officer Lehner had roots from Niagara
14 County, in Lockport, New York, and -- which is in
15 my district, of course.
16 But I think it's also important to
17 note while he was a law enforcement officer,
18 his service began or at least predated when he
19 was in the United States Army National Guard,
20 which I also had the pleasure of serving. He
21 served overseas in combat.
22 And this was clearly a person who
23 was raised with the belief that there was
24 something larger than him. He believed he could
25 make an impact in our world, in our community, by
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1 being part of something larger than himself,
2 whether it was wearing the uniform of the U.S.
3 Army or wearing the uniform of the Buffalo Police
4 Department.
5 And those individuals more and more
6 are fewer and harder to find, it seems, these
7 days. And as Senator Jacobs said, the community
8 of Western New York, the City of Buffalo, really
9 came together in a way that you just don't see
10 very often, uniting -- unfortunately -- in the
11 loss of your son and your loved one.
12 And many of the folks who were
13 united and came together in that community moment
14 maybe never met or never had the privilege to
15 know Craig Lehner. But his example, I'd like to
16 think, at a time when our country, maybe our
17 community, can be very divided, where we're
18 always focused on what's separating us and the
19 gap between those who protect us and those they
20 protect might seem greater than ever, we were
21 united in the sorrow of the loss of Craig Lehner,
22 a hero for the American country and a hero for
23 the City of Buffalo and Western New York.
24 So our condolences for your loss.
25 But again in death, his life and what he stood
2061
1 for continues hopefully to inspire not only us
2 here, as we recognize him, but also inspire
3 future generations of American men and women
4 across our state and across our country.
5 So thank you very much, and God
6 bless you.
7 ACTING PRESIDENT GRIFFO: As
8 indicated, the resolution was previously adopted.
9 On behalf of the Senate, we want to
10 express our deepest sympathy, especially to
11 Lieutenant Craig Lehner's mom Kathleen, his
12 sister Donna, for your presence here today. We
13 express a warm welcome to you and extend the
14 courtesies of the house. Thank you for being
15 here today, and again, our condolences.
16 (Standing ovation.)
17 ACTING PRESIDENT GRIFFO: At the
18 request of both Senator LaValle, for resolution
19 3736, and Senator Kennedy, for Resolution 3118,
20 they are both open for cosponsorship. Should you
21 choose to be a cosponsor, please notify the desk.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Yes,
24 Mr. President. Can you please recognize Senator
25 Klein for a brief introduction.
2062
1 ACTING PRESIDENT GRIFFO: Senator
2 Klein.
3 SENATOR KLEIN: Thank you,
4 Mr. President.
5 I rise today to introduce a very
6 special young visitor. Today visiting Albany is
7 Luisito Oyola Jr., and his wonderful grandmother,
8 Lorine.
9 I first met the two of them after an
10 unfortunate incident that took place in a Bronx
11 playground in 2013. Luis was enjoying a day with
12 his family on the playground in Vidalia Park in
13 the Bronx like any other 3-year-old. During an
14 altercation that took place across the street,
15 four shots were fired into the park. Luckily --
16 Luis did suffer a gunshot wound, but through
17 paramedics and the great care at local Bronx
18 hospitals, he pulled through and he stands with
19 us today.
20 Him and his grandmother have been a
21 fighting force to pass a very important piece of
22 legislation called Luisito's Law. Luisito's Law
23 is a law that I introduced with Assemblyman Luis
24 Sepulveda. This legislation would enact a new
25 crime to enhance the punishment of a person
2063
1 convicted of aggravated assault of a child under
2 the age of 10, and it would also expand the crime
3 of criminal use of a firearm in the second degree
4 to anyone who fires into a park or school
5 playground.
6 Again, I want to thank the two of
7 them, because very few people lean into a tragedy
8 like this and use themselves as sort of a
9 two-people fighting machine and really traveling
10 around -- they've been lobbying the Assembly for
11 a while. We passed this legislation several
12 times in the Senate, but they've been lobbying
13 the Assembly for many years now. And I'm hopeful
14 that finally we can have Luisito's Law signed
15 into law, pass both houses, and give them the
16 peace of mind that they both deserve.
17 Mr. President, I hope you will show
18 them the courtesies of our house here today.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Klein.
21 We welcome Luis and his family here
22 today. Thank you for being here. And we commend
23 him for his bravery and all of your activities.
24 Please rise and be recognized.
25 (Standing ovation.)
2064
1 ACTING PRESIDENT GRIFFO: Senator
2 DeFrancisco.
3 SENATOR DeFRANCISCO: Yes, can we
4 now take up the reading of the noncontroversial
5 calendar.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 103, by Senator Marcellino, Senate Print 1136, an
10 act to amend the Education Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 172, by Senator Ortt, Senate Print 1481, an act
23 to amend the Executive Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2065
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 207, by Senator Helming, Senate Print 2504A, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 243, by Senator LaValle, Senate Print 5575B, an
24 act to amend the Education Law.
25 ACTING PRESIDENT GRIFFO: Read the
2066
1 last section.
2 THE SECRETARY: Section 3. 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, 59.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 254, by Senator Bonacic, Senate Print 3158, an
12 act to amend the Racing, Pari-Mutuel Wagering and
13 Breeding Law.
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, 58. Nays, 1.
22 Senator Krueger recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2067
1 255, by Senator Bonacic, Senate Print 5376, an
2 act to amend the Racing, Pari-Mutuel Wagering and
3 Breeding Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
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
15 475, by Senator Gianaris, Senate Print 3299, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Gianaris to explain his vote.
2068
1 SENATOR GIANARIS: Thank you,
2 Mr. President.
3 This is an important bill responding
4 to an epidemic that's taking place in our state.
5 There have been a series of people who have been
6 killed or injured by drivers who have been
7 driving with suspended licenses.
8 And most recently, in my
9 neighborhood, there was a young man, a high
10 school student, who was mowed down by a truck
11 driver who had more than seven suspensions on his
12 license at the time -- actually ridiculed the
13 laws of this state in a social media post about
14 the fact that he was driving improperly. And lo
15 and behold, we now have another death on our
16 hands.
17 This bill would treat those crimes
18 seriously, because right now the result of them
19 is often no jail time and a misdemeanor charge.
20 This would allow a felony to be charged when
21 someone who is improperly licensed is driving and
22 kills or injures someone.
23 So I thank my colleagues for
24 supporting this legislation.
25 ACTING PRESIDENT GRIFFO: Senator
2069
1 Gianaris to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 663, by Senator Young, Senate Print 852, an act
8 to amend the Agriculture and Markets Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 4. 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, 59.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 667, by Senator Ritchie, Senate Print 3921, an
21 act to amend the Agriculture and Markets Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
2070
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 Senator DeFrancisco, that completes
8 the noncontroversial reading of today's
9 active-list calendar before the house.
10 SENATOR DeFRANCISCO: Is there any
11 further business at the desk?
12 ACTING PRESIDENT GRIFFO: There is
13 no further business currently at the desk.
14 SENATOR DeFRANCISCO: There being
15 none, I move we adjourn until Tuesday,
16 April 17th, at 3:00 p.m.
17 ACTING PRESIDENT GRIFFO: On
18 motion, the Senate will stand adjourned until
19 Tuesday, April 17th, at 3:00 p.m.
20 The Senate is adjourned.
21 (Whereupon, at 4:54 p.m., the Senate
22 adjourned.)
23
24
25