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Monday, April 23, 2018

12:35 PMRegular SessionALBANY, NEW YORK
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                                                               2138

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 23, 2018

11                     12:35 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


                                                               2139

 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, I ask all present to please 

11   bow their heads in a moment of silent prayer 

12   and/or reflection.

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   April 22nd, the Senate met pursuant to 

19   adjournment.  The Journal of Friday, April 20th, 

20   was read and approved.  On motion, Senate 

21   adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               2140

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports from 

 6   state officers.

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, on 

10   page 52 I offer the following amendments to 

11   Calendar 685, Senate Print 7856, by 

12   Senator Marchione, and ask that said bill retain 

13   its place on the Third Reading Calendar.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received, and the bill shall 

16   retain its place on third reading.

17                SENATOR DeFRANCISCO:   I'd also like 

18   to call up Senator Golden's bill, Print 5593, 

19   recalled from the Assembly, which is now at the 

20   desk.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   301, by Senator Golden, Senate Print 5593, an act 

25   to amend the Retirement and Social Security Law.


                                                               2141

 1                SENATOR DeFRANCISCO:   I now move to 

 2   reconsider the vote by which the bill was passed.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll on reconsideration.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 47.

 7                SENATOR DeFRANCISCO:   I now offer 

 8   the following amendments.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received.

11                SENATOR DeFRANCISCO:   Would you 

12   please recognize Senator Klein.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Klein, you are recognized.

15                SENATOR KLEIN:   Mr. President, on 

16   behalf of Senator Brooks, on page 56 I offer the 

17   following amendments to Calendar 746, Senate 

18   Print Number 7399, and ask that said bill retain 

19   its place on Third Reading Calendar.

20                ACTING PRESIDENT GRIFFO:   The 

21   amendments are received, and the bill shall 

22   retain its place on third reading.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Can we take 

25   up previously adopted Resolution 4687, by 


                                                               2142

 1   Senator Phillips, read the title only, and call 

 2   on Senator Phillips to speak.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 4687, by Senator Phillips, 

 7   commending Westbrook Preparatory School upon the 

 8   occasion of celebrating its 7th Anniversary on 

 9   February 5, 2018.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Phillips.

12                SENATOR PHILLIPS:   Thank you, 

13   Mr. President.

14                So about 12 years ago, New York 

15   started a plan to bring students with special 

16   needs back into New York State who had previously 

17   been sent out of the state to get an education.  

18   And after years of planning, about seven years 

19   ago, Westbrook Preparatory School was founded.  

20                Westbrook is in Westbury, New York, 

21   it's in my Senate district.  And I'm honored 

22   today to welcome several of the students from 

23   Westbrook Preparatory School.

24                It is the first residential New York 

25   State Regents junior and senior high school for 


                                                               2143

 1   students with Asperger's syndrome, 

 2   high-functioning autism, and related conditions.  

 3                So thank you to all of you for your 

 4   time, your dedication to these students.  And 

 5   thank you, students, for coming and blessing us 

 6   with your presence today.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Phillips.  The --

10                (Applause.)

11                ACTING PRESIDENT GRIFFO:   One 

12   second, please. 

13                The resolution was previously 

14   adopted on April 17th of this year.

15                We welcome the students and staff of 

16   Westbrook Preparatory School.  We extend the 

17   privileges and courtesies of the house.  We would 

18   ask that you please rise and be recognized.

19                (Standing ovation.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Phillips has opened the resolution up for 

22   cosponsorship.  If a member chooses to be a 

23   cosponsor, please notify the desk.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes, would 


                                                               2144

 1   you take up the noncontroversial reading of the 

 2   calendar.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   237, by Senator LaValle, Senate Print 2548A, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 55.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   302, by Senator Little, Senate Print 6542B, an 

20   act to amend the Civil Service Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 292.  this 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               2145

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 55.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   525, by Senator Funke, Senate Print 4634A, an act 

 8   to amend the Retirement and Social Security Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 55.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   675, by Senator Ortt, Senate Print 1480, an act 

21   authorizing.

22                ACTING PRESIDENT GRIFFO:   There is 

23   a home-rule message present at the desk.

24                Read the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2146

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 55.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Senator DeFrancisco, that concludes 

 9   the noncontroversial reading of today's 

10   active-list calendar.

11                SENATOR DeFRANCISCO:   Is there any 

12   further business at the desk?

13                ACTING PRESIDENT GRIFFO:   There is 

14   no further business before the desk.

15                SENATOR DeFRANCISCO:   In that case, 

16   I move to adjourn until Tuesday, April 24th, at 

17   10:00 a.m., 10:00 a.m.

18                ACTING PRESIDENT GRIFFO:   On 

19   motion, the Senate will stand adjourned until 

20   Tuesday, April 24th, at 10:00 a.m. 

21                The Senate is adjourned.

22                (Whereupon, at 12:41 p.m., the 

23   Senate adjourned.)

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