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Tuesday, May 15, 2018

3:11 PMRegular SessionALBANY, NEW YORK
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                                                               2844

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 15, 2018

11                     3:11 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  


                                                               2845

 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 to please rise as the 

 5   Department of Correctional Services' Attica 

 6   correctional officers will post the colors.  

 7                Rise for the presentation.  

 8                (The Color Guard entered the 

 9   chamber and proceeded to the center, posting the 

10   colors.) 

11                ACTING PRESIDENT GRIFFO:   Please 

12   join with me as we recite the Pledge of 

13   Allegiance to our Flag.

14                (Whereupon, the assemblage recited 

15   the Pledge of Allegiance to the Flag.)

16                ACTING PRESIDENT GRIFFO:   Color 

17   Guard, retire the colors.  

18                (The Color Guard exited the 

19   chamber.)  

20                ACTING PRESIDENT GRIFFO:   Today's 

21   invocation will be offered by the Reverend 

22   Edward Kacerguis, pastor of University Parish of 

23   Christ Sun of Justice Church in Troy.

24                Reverend?  

25                REVEREND KACERGUIS:   Let us pray.


                                                               2846

 1                Blessed are You, Lord of all 

 2   creation.  We give You praise and thanks for 

 3   this day, our Empire State, and our nation.  

 4                We ask a special blessing on this 

 5   legislative body as they come together to do the 

 6   people's work.  Each member represents a 

 7   constituency from which they have been selected 

 8   by the people to conduct their business.  May 

 9   they always be mindful of those back home.

10                Let them be leaders whose 

11   hearts are large enough to match the breadth of 

12   our souls, and give us souls strong enough to 

13   follow leaders of vision and wisdom.  

14                Let the representatives of this 

15   body work with all the members so that our 

16   resources will be wisely used for our people.  

17   Give them insight enough to be leaders who can 

18   tell strength from power, growth from greed, 

19   leadership from dominance, and that real 

20   greatness comes from humility.

21                We trust You, ever-present Lord, to 

22   open the hearts of all our citizens, to learn 

23   from those who speak in different tongues and 

24   whose views differ.  Let this Senate give the 

25   vision we need as a people to know true 


                                                               2847

 1   leadership and where it lies and pursue it 

 2   diligently for the protection of all.

 3                God of power and might, wisdom and 

 4   justice, through You authority is rightly 

 5   administered, laws enacted, and judgment 

 6   decreed.  Assist with Your spirit of counsel and 

 7   fortitude our Senate gathered here.  

 8                May they always seek the ways of 

 9   righteousness, justice, compassion and mercy, 

10   and grant that they may be enabled by Your 

11   powerful protection to lead our Empire State 

12   with honesty and integrity.  

13                Blessed are You, Lord, now and 

14   forever.  Amen.

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Monday, 

18   May 14th, the Senate met pursuant to 

19   adjournment.  The Journal of Sunday, May 13th, 

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.


                                                               2848

 1                Messages from the Assembly.

 2                The Secretary will read.

 3                THE SECRETARY:   On page 44, 

 4   Senator Croci moves to discharge, from the 

 5   Committee on Finance, Assembly Bill Number 4827A 

 6   and substitute it for the identical Senate Bill 

 7   936A, Third Reading Calendar 779.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                Messages from the Governor.

11                Reports of standing committees.

12                Reports of select committees.

13                Communications and reports from 

14   state officers.

15                Motions and resolutions.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Yes, I move 

18   to adopt the Resolution Calendar, with the 

19   exception of Resolutions 5249, 5148, and 5122.

20                ACTING PRESIDENT GRIFFO:   All in 

21   favor of adopting the Resolution Calendar, with 

22   the exception of Resolutions 5249, 5148, and 

23   5122, signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed?  


                                                               2849

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Resolution Calendar is adopted as indicated.  

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Now I have 

 6   some motions.  

 7                On page 70, I offer the following 

 8   amendments to Calendar 1147, Senate Print 2621, 

 9   by Senator Serino, and ask that said bill retain 

10   its place on the Third Reading Calendar.

11                ACTING PRESIDENT GRIFFO:   The 

12   amendments are received.  The bill shall retain 

13   its place on third reading.

14                SENATOR DeFRANCISCO:   I wish to 

15   call up Senator Ortt's bill, Print 685A, recalled 

16   from the Assembly, which is now at the desk.

17                ACTING PRESIDENT GRIFFO:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   170, by Senator Ortt, Senate Print 685A, an act 

21   to amend the Mental Hygiene Law.

22                SENATOR DeFRANCISCO:   I now move to 

23   reconsider the vote by which the bill was passed.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll on reconsideration.


                                                               2850

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                SENATOR DeFRANCISCO:   I now offer 

 4   the following amendments.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   amendments are received.

 7                SENATOR DeFRANCISCO:   Finally, I 

 8   wish to call up Senator Serino's bill, Print 

 9   7171, recalled from the Assembly, which is now at 

10   the desk.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   403, by Senator Serino, Senate Print 7171, an act 

15   to amend the Mental Hygiene Law.

16                SENATOR DeFRANCISCO:   I now move to 

17   reconsider the vote by which the bill was passed.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll on reconsideration.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                SENATOR DeFRANCISCO:   I now offer 

23   the following amendments.

24                ACTING PRESIDENT GRIFFO:   The 

25   amendments are received.


                                                               2851

 1                SENATOR DeFRANCISCO:   Could you 

 2   please recognize the Senate floor leader, 

 3   Senator Klein.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Klein.

 6                SENATOR KLEIN:   Mr. President, on 

 7   behalf of Senator Kaminsky, I move that the 

 8   following bill be discharged from its respective 

 9   committee and be recommitted with instructions to 

10   strike the enacting clause:  Senate Bill 8521.

11                ACTING PRESIDENT GRIFFO:   It is so 

12   ordered.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can we 

15   now take up previously adopted Resolution 4966, 

16   by Senator Gallivan, title only, and call on 

17   Senator Gallivan to speak.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 4966, by Senator Gallivan, 

22   memorializing Governor Andrew M. Cuomo to 

23   proclaim May 6-12, 2018, as Correctional Officers 

24   and Employees Week in the State of New York.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2852

 1   Gallivan.

 2                SENATOR GALLIVAN:   Thank you, 

 3   Mr. President.

 4                I rise to welcome members of the 

 5   Color Guard from the Attica Correctional Facility 

 6   in Wyoming County, the heart of the 59th Senate 

 7   District, and their fellow correction officers 

 8   from around the state, to the Senate chamber.  

 9                Thank all of you for being here to 

10   represent all of your colleagues, the tens of 

11   thousands across the state.  As chair of the 

12   Committee on Crime Victims, Crime and 

13   Corrections, I visited many of our correctional 

14   facilities across the state and have had the 

15   privilege of meeting with thousands of officers 

16   and employees.  

17                If you've ever visited any of these 

18   facilities, you know that these men and women 

19   face many challenges.  Their jobs are demanding, 

20   difficult, and often at times dangerous.  As 

21   someone who spent most of my adult life in 

22   law enforcement, I believe that those who work in 

23   our jails and prisons across the state have among 

24   the hardest jobs in the criminal justice and 

25   public safety world.


                                                               2853

 1                These dedicated officers and 

 2   employees are responsible for the care, custody, 

 3   and security of tens of thousands of inmates.  

 4   It's a thankless job that most of us don't often 

 5   think about.  But it's critical in protecting our 

 6   communities and our residents.

 7                Many of these men and women also 

 8   work hard to help inmates restore their lives and 

 9   become productive members of society.

10                As a legislature, we must protect 

11   them.  We must work to ensure their safety, to 

12   keep contraband out of facilities, to limit the 

13   record number of assaults that are taking place.  

14   And many of us in here have done just that and 

15   will continue to do so.  You have my pledge on 

16   that.

17                It's very appropriate that we 

18   recognize our public servants that are here 

19   today, members of NYSCOPBA, the correction 

20   officers and employees across the state.  And I 

21   am very proud to call upon the Governor to 

22   proclaim this as Correctional Officers and 

23   Employees Week in the State of New York.  

24                Thank you.

25                (Applause.)


                                                               2854

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Gallivan.

 3                On behalf of the Senate, we want to 

 4   extend a very warm welcome to all of you that are 

 5   here from the Department of Corrections today.  

 6                We also want to express our sincere 

 7   appreciation and extend to you our best wishes 

 8   for your dedication and commitment to the State 

 9   of New York.  We wish you well, and God bless all 

10   of you.  

11                Please rise and recognize these 

12   distinguished public servants.

13                (Standing ovation.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   DeFrancisco.

16                SENATOR DeFRANCISCO:   Yes, could we 

17   now take up Resolution 5148, by Senator Peralta, 

18   title only, and call on Senator Peralta to speak.

19                ACTING PRESIDENT GRIFFO:   Before I 

20   do that, I will just remind everyone that Senator 

21   Gallivan has opened up his resolution for 

22   cosponsorship.  If you choose to be a cosponsor, 

23   please notify the desk.

24                The Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               2855

 1   Resolution Number 5148, by Senator Peralta, 

 2   welcoming the students and faculty of the 

 3   Lexington School for the Deaf/Center for the Deaf 

 4   as they visit Albany, New York, on May 15, 2018.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes.  Can we 

 8   lay that aside for a moment.

 9                ACTING PRESIDENT GRIFFO:   It will 

10   be laid aside temporarily.

11                SENATOR DeFRANCISCO:   No -- no, I 

12   don't want to lay it aside.  Would you please 

13   call on -- no, we want to lay it aside.  The 

14   sponsor is not ready at this moment.

15                Therefore, would you please take up 

16   Resolution 5249, by Senator Flanagan, read it in 

17   its entirety, and call on Senator Larkin to 

18   speak.

19                ACTING PRESIDENT GRIFFO:   So for 

20   your information, Resolution 5148 is laid aside 

21   temporarily.  

22                And we will now go to the Secretary 

23   to read Resolution 5249.

24                THE SECRETARY:   Legislative 

25   Resolution Number 5249, by Senator Flanagan, 


                                                               2856

 1   honoring the distinguished veterans from the 

 2   State of New York upon the occasion of their 

 3   induction into the New York State Senate Veterans 

 4   Hall of Fame, to be celebrated May 15, 2018.

 5                "WHEREAS, Members of the armed 

 6   services from the State of New York, who have 

 7   served so valiantly and honorably in wars in 

 8   which this country's freedom was at stake, as 

 9   well as in the preservation of peace in 

10   peacetime, deserve a special salute from this 

11   Legislative Body; and 

12                "WHEREAS, Attendant to such concern, 

13   and in full accord with long-standing tradition, 

14   this Legislative Body is justly proud to honor 

15   the distinguished veterans from the State of 

16   New York upon the occasion of their induction 

17   into the New York State Senate Veterans Hall of  

18   Fame to be celebrated on May 15, 2018; and 

19                "WHEREAS, The New York State Senate 

20   Veterans Hall of Fame inductees are members of 

21   any branch of the United States Armed Forces, 

22   which include Army, Navy, Coast Guard, Air Force, 

23   and Marine Corps; these exceptional men and women 

24   are chosen for this prestigious honor based on 

25   either service in combat or notable work 


                                                               2857

 1   performed after discharge from the service; and 

 2                "WHEREAS, The 2018 inductees 

 3   include:  Hector F. Alvarado, Joseph H. Brady, 

 4   Cleopatra Brown, Mario Buonpane, Harold Burke, 

 5   Jr., Edward L. Butts, Jr., Peter Carlo, Mary E. 

 6   Cavanagh, Roberto Clotter, Sydney Cole, Frank 

 7   Colon, Jr., Leonard B. Connelly, Claude S. 

 8   Copeland, Jr., Patrick J. Cunningham, Peter 

 9   Cuthbert, Elana Duffy, Lakia T. Echols, Ralph 

10   Esposito, Edward Field, Russel C. Fielding,  

11   Armando 'Chick' Gallella, Tessie Shirley Pierce 

12   Garber, Peter J. Glennon, Marlene Dietrich Heath, 

13   Rheyser Henry, Thomas F. Higgins, Samuel Hill, 

14   Jr., Daniel Izzo, Jason Kaatz, James M. Kennedy, 

15   Stephen M. Kinne, M.D., Francis M. 'Frank' 

16   La Duc, Megan Leavey, John Martinko, Lewis W. 

17   Matthews, Sr., Thomas A. McMillen, Joseph 

18   Mondello, Thomas J. 'Tailspin' Morley, Jr., 

19   Lawrence C. Parry, Richard Pecci, Concepcion 

20   'Connie' Ranocchia, Kristyn Briez Reed, Nelson 

21   Eddy Rivera, Jorge L. Rosario, Henry Rosenzweig, 

22   Sr., John N. Sollazzo, Bernard L. 'Ben' Thompson,  

23   Warren A. Thompson, Allen Wanderlich, Eric C. 

24   Weber, David Zapsky, and Mario A. Zorovic; and 

25                "WHEREAS, The banner of freedom will 


                                                               2858

 1   always wave over our beloved New York and all of 

 2   America, the Land of the Free and the Home of the 

 3   Brave; and 

 4                "WHEREAS, The freedoms and security 

 5   we cherish as Americans comes at a very high 

 6   price for those serving in the military in times 

 7   of conflict; it is fitting and proper that we who 

 8   are the beneficiaries of those who risk their 

 9   lives must never forget the courage with which 

10   these men and women served their country; and 

11                "WHEREAS, Our nation's veterans 

12   deserve to be recognized, commended and thanked 

13   by the people of the State of New York for their 

14   service and for their dedication to their 

15   communities, their State and their nation; now, 

16   therefore, be it 

17                "RESOLVED, That this Legislative 

18   Body pause in its deliberations to honor the 

19   distinguished veterans from the State of New York 

20   upon the occasion of their induction into the 

21   New York State Senate Veterans Hall of Fame, to 

22   be celebrated on May 15, 2018; and be it further 

23                "RESOLVED, That copies of this 

24   resolution, suitably engrossed, be transmitted to 

25   the 2018 inductees."


                                                               2859

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Larkin.

 3                SENATOR LARKIN:   Thank you, 

 4   Mr. President.

 5                Today was a great day for veterans.  

 6   Some of you youngsters here -- that means you, 

 7   Michael -- could look at some of us older guys 

 8   when they used to call veterans somebody who got 

 9   a piece in the mail that said "Report."

10                But today we look at a veteran, they 

11   are an all-volunteer force.  This is the force 

12   that says we will not let you trod your feet on 

13   our lands, ruin the life of our Americans, and we 

14   will defend it to the last.

15                And I don't mean to brag or 

16   anything, but when you saw today there was two 

17   gentlemen a hundred years of age -- 100 years.  

18   And if you saw what they went through in a 

19   prisoner of war camp in Germany, and the other in 

20   Korea.  Four days in combat, they were overrun.  

21   And he spent 36 months as a prisoner of war.

22                Somebody comes by today and says:  

23   "Did you serve in the service?"  On the cap it 

24   says "POW."  

25                We need to educate our people in 


                                                               2860

 1   this country about what a veteran is all about.  

 2   We ought to be having meetings within the schools 

 3   and our servicemen come into the school and tell 

 4   the kids what the real world is all about.

 5                You know, when you say "I'm a 

 6   veteran" and you're a leader -- when we looked at 

 7   some of these positions these gentlemen had this 

 8   morning, and ladies, you think about it, you look 

 9   in the foxhole next to you and somebody's head's 

10   blown off.  And you say 10 weeks ago we were in 

11   basic training, and now we have one less.

12                The veterans of our country raised 

13   their right hand, and they said "I will defend 

14   and protect."  Ladies and gentlemen, just once in 

15   a blue moon, sit down and ask them something.  

16   Say, "You know, I see that you're a veteran.  Can 

17   you tell me -- I don't know anything about it."  

18                We're talking to people now of 

19   countries that we were fighting in for three or 

20   four years, and now we're calling them our 

21   allies.  But do not forget, if it weren't for 

22   these veterans ...

23                When we were younger, yes, I was 

24   proud.  I led troops, and my troops were trained.  

25   And when someone says what was it like, nobody 


                                                               2861

 1   can describe combat operations.  But you can 

 2   always walk up to that veteran and say, I don't 

 3   know anything about Korea or Vietnam, Somalia -- 

 4   will you explain it to me?  They won't be rude.  

 5   They're asking you to tell them as a veteran what 

 6   you did to protect our nation.

 7                I thank everybody in the house that 

 8   was there this morning with the veterans.  I saw 

 9   a few veterans crying.  One said to me:  "My best 

10   friend, we went to kindergarten together.  And 

11   now when I want to see him, I go to a cemetery."  

12                Remember, the life of the veteran is 

13   what makes your life easier.  When you can enjoy 

14   yourself, it's because there were members of the 

15   armed forces, all the armed forces, that said "I 

16   will defend and protect."  

17                It's our responsibility to let the 

18   veterans know that we appreciate what they've 

19   done for us and our families and the rest of 

20   America.  

21                And God bless America.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Larkin.

24                Senator Addabbo.

25                SENATOR ADDABBO:   Thank you, 


                                                               2862

 1   Mr. President, and good afternoon.  

 2                And I want to start by thanking 

 3   Senator Colonel Bill Larkin, who was greatly 

 4   honored and acknowledged before the ceremony 

 5   today.  So thank you always, Senator Larkin, for 

 6   your service and dedication to our country.

 7                I'm of the belief that every day is 

 8   Veterans Day.  It's not just one day on the 

 9   calendar year, it's every day of the year that we 

10   should thank our veterans.  And today is a great 

11   day for us as we acknowledge those veterans from 

12   all corners of our state during the induction 

13   into the Veterans Hall of Fame.  

14                And one thing that amazed me is as 

15   we looked at each of those veterans today, they 

16   came from all kinds of backgrounds -- different 

17   branches of the military, different gender, 

18   different ages, different parts of our state.  

19   But one common thread through all of them, that 

20   desire to serve our country.  They have that in 

21   common, that they wanted to serve our country 

22   with dedication and protect our democracy.  And 

23   we are so grateful for that.

24                And how do we show that gratitude, 

25   how do we show our appreciation?  We can do it 


                                                               2863

 1   with words and say thank you.  But we can do it 

 2   like we're doing today, with 31 bills on our 

 3   agenda that address the issues our veterans face 

 4   each and every day.

 5                I am so proud to be part of this 

 6   body and vote on these bills that we should do, 

 7   as it is our obligation to help our veterans 

 8   throughout the state.  

 9                To all veterans today who were 

10   inducted into our Hall of Fame, we thank them for 

11   their service.  And to all veterans throughout 

12   the state, all 900,000 of them, we thank them 

13   each and every day, and God bless them.

14                Thank you, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Addabbo.

17                The question is on the resolution.  

18   All in favor signify by saying aye.  

19                (Response of "Aye.")

20                ACTING PRESIDENT GRIFFO:   Opposed?  

21                (No response.)

22                ACTING PRESIDENT GRIFFO:   The 

23   resolution is adopted.

24                Senator Flanagan has opened the 

25   resolution for cosponsorship.  Should you choose 


                                                               2864

 1   to be a cosponsor, please notify the desk.

 2                We acknowledge and thank all of 

 3   those veterans who may still be with us.  It was 

 4   an outstanding ceremony today.  Let's express our 

 5   appreciation again for all those who have served 

 6   with dedication, distinction, bravery and honor.

 7                (Standing ovation.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes.  On this 

11   resolution, if you do not want to be a cosponsor, 

12   please notify the desk.

13                ACTING PRESIDENT GRIFFO:   So all 

14   members will be listed as cosponsors.  Should you 

15   choose not to be a cosponsor, please notify the 

16   desk.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, can we 

19   now take up Resolution 5122, by Senator 

20   Sepúlveda, read it in its entirety, and call on 

21   the Senator to speak.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 5122, by Senator Sepúlveda, 


                                                               2865

 1   memorializing Governor Andrew M. Cuomo to declare 

 2   March 11, 2018, to April 12, 2018, as Garifuna 

 3   American Heritage Month in the State of New York.  

 4                "WHEREAS, It is the sense of this 

 5   Legislative Body to recognize and pay just 

 6   tribute to the cultural heritage of the ethnic 

 7   groups which comprise and contribute to the 

 8   richness and diversity of the community of the 

 9   State of New York; and 

10                "WHEREAS, Attendant to such concern, 

11   and in keeping with its time-honored traditions, 

12   it is the intent of this Legislative Body to 

13   applaud and commemorate events which foster 

14   ethnic pride and exemplify the cultural diversity 

15   that represents and strengthens the spirit of the 

16   people and the State of New York; and 

17                "WHEREAS, This Legislative Body is 

18   justly proud to memorialize Governor Andrew M. 

19   Cuomo to declare March 11, 2018, to April 12,  

20   2018, as Garifuna-American Heritage Month in the 

21   State of New York; and 

22                "WHEREAS, Garifuna-American  

23   Heritage Month celebrates the great contributions 

24   of Garifuna-Americans to the fabric of New York 

25   City, and pays tribute to the common culture and 


                                                               2866

 1   bonds of friendship that united the United States 

 2   and the Garifuna countries of Belize, Guatemala, 

 3   Honduras, Nicaragua, and St. Vincent and the 

 4   Grenadines; and 

 5                "WHEREAS, Garifuna-American Heritage 

 6   Month affirms the culture, identity and 

 7   self-esteem of a people; it celebrates a rich 

 8   heritage and illuminates Garifuna history and 

 9   tradition, as well as the spirit of an 

10   indomitable people; and 

11                "WHEREAS, In 1665, two Spanish ships 

12   wrecked off the coast of St. Vincent; and 

13                "WHEREAS, The West African slaves 

14   that escaped to the island eventually 

15   intermarried with the Caribs and the Arawaks 

16   indigenous native people; and 

17                "WHEREAS, The new race of people, 

18   known as the Garifuna, grew strong and prosperous 

19   on the island; and 

20                "WHEREAS, In 1795, the Garifuna 

21   began the Second Carib War against the British; 

22   battles raged throughout St. Vincent over the 

23   next year, with both sides enduring heavy losses; 

24   and 

25                "WHEREAS, On June 10, 1796, the 


                                                               2867

 1   final battle commenced with the Garifuna and 

 2   British, resulting in the Garifuna's surrender; 

 3   and 

 4                "WHEREAS, The surviving Black Caribs 

 5   were forcibly transferred to the neighboring 

 6   island of Balliceaux; and 

 7                "WHEREAS, On March 11, 1797, the 

 8   defeated Garifuna were loaded onto a convoy of 

 9   eight vessels and transported to Roatan, 

10   Honduras, which arrived on April 12th of that 

11   year; and 

12                "WHEREAS, This year we commemorate 

13   the 221st anniversary of the forcible deportation 

14   of the Garifuna people by the British from St.  

15   Vincent and the Grenadines and their settlement 

16   in Central America; and 

17                "WHEREAS, The Garifuna began to 

18   migrate to the United States during the 1930s; 

19   today, New York City is home to the largest 

20   Garifuna community outside of Central America; 

21   and 

22                "WHEREAS, Garifuna-American Heritage 

23   Month provides an opportunity to recognize the 

24   significance of their contributions to the 

25   quality and character of life, and, through many 


                                                               2868

 1   events and activities throughout the month, for 

 2   all people to gain a greater appreciation of 

 3   Garifuna history and traditions, and of the role 

 4   Garifuna-Americans have played, and will continue 

 5   to play, in our society; and. 

 6                "WHEREAS, Today, New Yorkers of 

 7   Garifuna heritage such as Sara Nunez Mejia, 

 8   Rosemary Ordoñez-Jenkins, Sulma Arzu-Brown,  

 9   Aquina Valentin Mirtha Colon, James Lovell, 

10   Rosita Alvarez, Paula Castillo, Brenda Lee Arauz 

11   Martinez, Marcia Gomez, Evelyn Arauz Chamorro and  

12   Jose Francisco Avila continue to recognize and 

13   honor the legacy of their ancestors; now, 

14   therefore, be it 

15                "RESOLVED, That this Legislative 

16   Body pause in its deliberations to memorialize 

17   Governor Andrew M. Cuomo to declare March 11, 

18   2018, to April 12, 2018, as Garifuna-American 

19   Heritage Month in the State of New York; and be 

20   it further 

21                "RESOLVED, That a copy of this 

22   resolution, suitably engrossed, be transmitted to  

23   the Honorable Andrew M. Cuomo, Governor of the 

24   State of New York."

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2869

 1   Sepúlveda.

 2                SENATOR SEPÚLVEDA:   Thank you, 

 3   Mr. President, for allowing me to speak on this 

 4   resolution.

 5                Today we are passing a resolution 

 6   memorializing Andrew Cuomo's declaration of 

 7   Garifuna-American Heritage Month in the State of 

 8   New York.  

 9                Garifuna-American Heritage Month 

10   celebrates the contributions of that great 

11   culture and society.  Today, here, we have many 

12   of them sitting, and I want to welcome them home.

13                (Applause.)

14                SENATOR SEPÚLVEDA:   You've 

15   mentioned some of the people that are here 

16   sitting with us on the floor, but we forgot to 

17   mention Sergeant First Class Roberto Clotter.  

18   Today he was honored -- Mr. Clotter, yes.

19                (Applause.)

20                SENATOR SEPÚLVEDA:   A veteran 

21   honored today, he was born in Honduras, in 

22   Puerto Cortés, June 18, 1953, emigrated to the 

23   United States in 1973.  And in March of 1977, he 

24   decided to serve this country in the U.S. Army.  

25   He was eventually honored and received the 


                                                               2870

 1   Meritorious Service Medal for his service in the 

 2   Army.

 3                The Garifuna people are an ethnic 

 4   group of mixed ancestry, descendants of Carib 

 5   Arawaks and African people living along the 

 6   Caribbean coast of Belize.  They also come from 

 7   Guatemala, Nicaragua, Honduras, St. Vincent and 

 8   the Grenadines.  

 9                They are a seafaring people that 

10   arrived in the United States as merchant marines 

11   during World War II.  

12                New York now has the largest 

13   population of Garifunas living outside of that 

14   region, where we have approximately 200,000 

15   people living.  And despite Senator Parker's 

16   claims, most of them live in the Bronx.  

17                (Laughter.)

18                (Cheers, applause from the gallery.)  

19                SENATOR SEPÚLVEDA:   The 

20   Garifuna-American culture and their history is 

21   one of survival and resiliency.  

22                We've already spoken about their 

23   history in the resolution, but I must tell you 

24   that their contributions to this country are 

25   unmatched.  They've served in different 


                                                               2871

 1   capacities in education, they've served as 

 2   doctors and lawyers, they are community leaders 

 3   like Rosemary Ordoñez, who lives in my district 

 4   and makes my life easier -- and I want to thank 

 5   her for the great work she does -- or Jose 

 6   Francisco Avila, who runs the Garifuna Coalition.  

 7                These are wonderful people who came 

 8   to this country, who have children in this 

 9   country, and continue to thrive.  And I want to 

10   thank them for being here, and I want to thank 

11   the State of New York for memorializing and 

12   acknowledging their contributions to this great 

13   state.

14                Thank you.  

15                (Applause from the gallery.)  

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Bailey.

18                SENATOR BAILEY:   Thank you, 

19   Mr. President.  On the resolution.

20                Senator Sepúlveda kind of said it 

21   all, but I'm going to clean up a little bit.  

22                The Garifuna community is such a 

23   growing, vibrant and involved community in the 

24   Bronx.  And while I don't have the luxury of 

25   representing as many as Senator Sepúlveda does, I 


                                                               2872

 1   have a growing population in my district who 

 2   constantly avail themselves of what government 

 3   has to offer -- and not just asking for things, 

 4   but coming to the table and saying:  How can I 

 5   help?  

 6                And that is how we help each other 

 7   as Americans, by asking that question "How can I 

 8   help?"  When I see Rosemary in my church, I make 

 9   sure, you know, I'm saying hello, because we know 

10   what you're capable of and what you're going to 

11   bring.  Sorry, Luis, she comes to my church 

12   sometimes.

13                (Laughter.)

14                SENATOR BAILEY:   When you see Jose 

15   Francisco Avila everywhere in the Bronx, and he's 

16   bringing the Garifuna people with him, he's not 

17   just bringing you with -- he always represents 

18   you everywhere he's at.  

19                The Garifuna, we know your distinct 

20   colors of the flag.  But we know you by your rich 

21   tradition.  And you are the definition of 

22   diversity, as Senator Sepúlveda has said.  

23   Literally, diversity -- 

24                (Applause from the gallery.)  

25                SENATOR BAILEY:   You should give 


                                                               2873

 1   yourselves a round of applause, because diversity 

 2   is literally in your blood.  And diversity is 

 3   what has made America great for many, many years, 

 4   and it will be what continues to make America 

 5   great.

 6                So, Senator Sepúlveda, I thank you 

 7   for introducing this resolution, and I proudly 

 8   stand here with you and all my colleagues in 

 9   government and I proudly proclaim -- well, we ask 

10   the Governor to proclaim Garifuna Heritage Month.

11                Thank you, Mr. President.

12                (Applause.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Serrano.

15                SENATOR SERRANO:   Thank you very 

16   much, Mr. President.

17                I want to thank my colleague Senator 

18   Luis Sepúlveda for -- newly elected -- one of his 

19   first acts, bringing this resolution to the 

20   floor, one that celebrates, as Senator Bailey 

21   just said, the cultural diversity and the rich 

22   significance of the Garifuna community, not only 

23   in the Bronx but here in the United States of 

24   America.

25                As was mentioned, the epitome of 


                                                               2874

 1   diversity is this community.  And think of the 

 2   courage it must have taken for some of the first 

 3   of the Garifuna to come to a place like New York 

 4   City and to embrace and bring their culture and 

 5   start a new life for themselves and for their 

 6   children.

 7                And we as Americans, as New Yorkers, 

 8   we celebrate that diversity.  As Latin Americans, 

 9   we also speak about the many racial diversities 

10   that make up Latin America, that make Latinos.  

11   And myself as a Puerto Rican, that racial 

12   diversity is something that is so important, but 

13   oftentimes not fully explored or researched or 

14   discussed.

15                But the Garifuna community is a 

16   shining example of all that is good about 

17   American diversity, about celebrating cultural 

18   heritage, and about bringing things to the table 

19   that build this nation in ways that we need for 

20   future generations to come.

21                So I applaud you all, and Senator 

22   Sepúlveda, for a wonderful celebration today.

23                Thank you.

24                (Applause.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2875

 1   Rivera.

 2                SENATOR RIVERA:   Thank you, 

 3   Mr. President.  

 4                I am glad that I was able to get 

 5   back here.  So many things happening in the 

 6   Capitol and up here in Albany that sometimes it's 

 7   hard to keep track.  But I wanted to make sure 

 8   that I came back to honor the Garifuna people.

 9                Now, as before we've had -- I've had 

10   differences with Senator Díaz, who used to bring 

11   this resolution, I will have the difference with 

12   Senator Sepúlveda now, because I believe that 

13   most of the Garifuna folks that live in the Bronx 

14   live in my district. 

15                (Laughter, reaction from gallery.) 

16                SENATOR RIVERA:   Now, we can fight 

17   about that, but what we cannot fight about is the 

18   fact that we value you as a wonderful part of the 

19   Bronx.  It is one of the things that makes our 

20   districts, right, and our borough great, that we 

21   have such a large population, such an important 

22   group of folks that decided to make the Bronx 

23   their home.  And as I always say, it is this 

24   diversity that makes the Bronx a great place to 

25   live.  


                                                               2876

 1                So I am very glad that you are great 

 2   people that live in my district as well as other 

 3   places in the Bronx.  But regardless of where you 

 4   live, the Garifuna people are important to us as 

 5   New Yorkers, are important to us as Bronxites.  

 6                And we are very honored to join -- 

 7   I'm very honored to join my colleagues in 

 8   honoring you up here in Albany today.  Thank you 

 9   for being here.  

10                Thank you.

11                (Applause.)

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Rivera.

14                The question is on the resolution.  

15   All in favor signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   resolution is adopted.

21                 Senator Sepúlveda has expressed his 

22   desire to list people as cosponsors.  Should you 

23   choose not to be a cosponsor, please notify the 

24   desk.

25                It is so gratifying to see all of 


                                                               2877

 1   you here today, and to see all of you living in 

 2   the Bronx, because Senator Gianaris is pleased 

 3   that you're all Yankee fans; correct?  

 4                (Laughter; reaction from gallery.) 

 5                ACTING PRESIDENT GRIFFO:   So on 

 6   behalf of the New York State Senate, I would like 

 7   to welcome the Garifuna leaders and the Garifuna 

 8   people who are here as you celebrate this 

 9   important milestone.  

10                Please rise and be recognized.  

11                (Standing ovation.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can we 

15   now take up previously adopted Resolution 4872, 

16   by Senator Amedore, read the title only, and call 

17   on Senator Amedore to speak.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 4872, by Senator Amedore, 

22   memorializing Governor Andrew M. Cuomo to 

23   proclaim May 13-19, 2018, as Prevention Week in 

24   the State of New York.

25                ACTING PRESIDENT GRIFFO:   I would 


                                                               2878

 1   ask, please -- I know we have a number of 

 2   guests -- to please observe some decorum and 

 3   silence in the chamber as we allow the members to 

 4   continue to be heard on the various matters 

 5   before the house.

 6                Senator Amedore.

 7                SENATOR AMEDORE:   Thank you, 

 8   Mr. President.  

 9                I rise to recognize National 

10   Prevention Week, a time for communities to come 

11   together to increase awareness about substance 

12   abuse, problem gambling, suicide prevention and 

13   mental health issues.  

14                You know, addiction comes in many 

15   shapes.  But in one form or another, it has 

16   touched everyone in this chamber and every bit of 

17   everyone's district throughout the State of 

18   New York.

19                And here in New York, we are doing 

20   everything we can to help tackle the addiction 

21   issues, including the heroin crisis that we face.  

22   We are working to make sure that we have 

23   treatment and services.  We are also making sure 

24   that we have proper support systems in place for 

25   those individuals who are on a path to recovery.


                                                               2879

 1                Of course, prevention and awareness 

 2   remains key to all of our efforts.  The theme of 

 3   National Prevention Week this year is action 

 4   today, healthier tomorrow.  All our actions, all 

 5   of our efforts are helping us build stronger, 

 6   healthier communities.  

 7                And we are joined here today in the 

 8   gallery with some individuals who represent 

 9   organizations that are on the front lines doing 

10   some great work to make sure that prevention and 

11   awareness is being taught and being felt, whether 

12   it's in a school or whether it's at home, for an 

13   individual or a family.

14                With us today we have OASAS, members 

15   of OASAS.  We have the Hamilton-Fulton-Montgomery 

16   Prevention Council.  We have New York City Board 

17   of Education Substance Abuse Prevention and 

18   Intervention.  Let's Talk SAFETY.  Single Parent 

19   Resource Center.  Ibero-American Action League.  

20   Casa Trinity.  Our Lady of Lourdes Memorial 

21   Hospital.  Riverhead Community Awareness Program.  

22                These are some of the organizations 

23   and individuals that are on the front line and 

24   that are fighting the good fight.  So I thank all 

25   of you for your great effort, for not ever giving 


                                                               2880

 1   up on the hope that we can overcome substance use 

 2   disorder, and for your dedication.

 3                Mr. President, I hope that you would 

 4   welcome them in the house today and appreciate 

 5   all of their hard work.

 6                Thank you.  

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Amedore.

 9                Senator Akshar.

10                SENATOR AKSHAR:   Thank you, 

11   Mr. President, for your indulgence.  

12                Allow me first to thank Senator 

13   Amedore for once again bringing forth this 

14   resolution.  It's incredibly important.  

15                I had an opportunity this afternoon 

16   to spend time with the group that's up in the 

17   gallery, and I want to shine a light on four very 

18   special young women who are doing what I would 

19   say is God's work in their community -- Senator 

20   Benjamin's community, to be specific, in Harlem, 

21   a group called SAFE in Harlem.  

22                When I call your name, young ladies, 

23   please, I want you to stand up, okay?  Yolanda, 

24   please rise.  Riya, please rise.  Daniela, please 

25   rise.  And Anya, please rise.  They're with 


                                                               2881

 1   Felecia and Morgan; please rise as well.  

 2                You guys are doing remarkable work.  

 3   And you did a very good job of helping me 

 4   understand the things that are happening in 

 5   Harlem.  We have this conversation all the time 

 6   here, right?  Depending on where we're from, we 

 7   don't necessarily understand our colleagues' 

 8   communities.  But the four of you did a very, 

 9   very good job this afternoon educating me on 

10   everything that you're doing in your community to 

11   stem the tide of these deadly diseases.  So I 

12   wanted to publicly thank you for that.  The 

13   future is in very good hands.  

14                And I would say this, that I think 

15   that our investments that we are collectively 

16   making through OASAS are finally starting to pay 

17   off, and we're finally starting to see some of 

18   the fruits of that investment regardless of where 

19   we are, whether we're in Binghamton, we're in 

20   Buffalo, we're in the Capital Region or in 

21   New York City.

22                So ladies, thank you for all that 

23   you do.  The entire group, thank you for being on 

24   the front line.  

25                And Mr. President, again, I thank 


                                                               2882

 1   you for your indulgence.

 2                (Applause.)

 3                ACTING PRESIDENT GRIFFO:   As 

 4   indicated, the resolution was previously adopted 

 5   on May 1st of this year.

 6                The resolution is open for 

 7   cosponsorship.  Should you choose to be a 

 8   cosponsor, please notify the desk.

 9                We'd like to acknowledge and 

10   recognize all of our guests and the organizations 

11   that are present today in the gallery.  We thank 

12   you for all of your good work and all of your 

13   efforts in such an important cause.  Thank you.  

14                Please rise and be recognized again.

15                (Standing ovation.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, can we 

19   now take up Resolution 5148, by Senator Peralta, 

20   title only, and call on Senator Peralta to speak.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 5148, by Senator Peralta, 

25   welcoming the students and faculty of the 


                                                               2883

 1   Lexington School for the Deaf/Center for the Deaf 

 2   as they visit Albany, New York, on May 15, 2018.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Peralta.

 5                SENATOR PERALTA:   Thank you, 

 6   Mr. President.

 7                It's truly a privilege to welcome 

 8   today to this chamber students and faculty of the 

 9   Lexington School for the Deaf as they visit our 

10   state's Capitol today.

11                I want to personally thank Donald 

12   Galloway, the CEO/superintendent of the school, 

13   and Principal Jane Moran.

14                I wanted to welcome all of the 

15   students and all the faculty here today.  

16                The Lexington School for the Deaf 

17   has been serving the deaf and the hard-of-hearing 

18   in New York State since 1864.  It began with only 

19   six children.  It soon became a well-known school 

20   on Lexington Avenue in Manhattan.  After many 

21   years of expansion and increasing enrollment, the 

22   school moved into the Jackson Heights/East 

23   Elmhurst area in 1968.

24                For me, it's a privilege to have 

25   this particular school in my district.  It is the 


                                                               2884

 1   largest school for the deaf in our state, serving 

 2   students that come from across New York City.

 3                The Lexington School for the Deaf 

 4   offers a strong academic program as well as a 

 5   broad range of physical and cultural education.  

 6   The school helps the deaf and the hard-of-hearing 

 7   to realize their full potential.  The school 

 8   provides education and services to over 2500 

 9   students year after year, educating children and 

10   young adults ages 3 months through 21 years of 

11   age.  

12                The school includes the Lexington 

13   School, Lexington Center for Mental Health 

14   Services, with its outpatient clinic specializing 

15   in infant, child, adult and family services.  It 

16   also includes the Lexington Vocational Services 

17   Center, which supports employment and the 

18   independent living skills training for adults, 

19   and the Lexington School Hearing and Speech 

20   Center, providing community-based speech and 

21   audiology services.

22                If anyone has come or passed by my 

23   district, you would have to pass by this 

24   facility.  It is an amazing facility.  Not only 

25   are people, as they drive by or walk by, awed by 


                                                               2885

 1   it, but they're also struck by the fact of what 

 2   they do inside.  And that is what matters.  

 3                Lexington School for the Deaf is a 

 4   leading advocate for the deaf and the 

 5   hard-of-hearing.  Students and faculty visit me 

 6   every year in Albany, and I'm looking forward to 

 7   seeing them in the district.

 8                For all the splendid work over the 

 9   course of many, many decades, please accept our 

10   sincerest thanks for your extraordinary job and 

11   extraordinary work.  Congratulations to the 

12   students, the faculty, and the CEO.  Thank you 

13   for all that you do.  

14                Mr. President, can we help welcome 

15   them to Albany today.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Hamilton on the resolution.

18                SENATOR HAMILTON:   Yes, Mr. Chair, 

19   I rise for this resolution.  

20                And I just want to commend Jose 

21   Peralta, Senator Peralta, for having this bill 

22   for Lexington School for the Deaf.  

23                But I believe there are some young 

24   men here from St. Francis School for the Deaf in 

25   Brooklyn, known for their academic excellence in 


                                                               2886

 1   doing well.  They're the only Center for the Deaf 

 2   in the borough.  

 3                So I welcome you all here to the 

 4   Capitol today.  And for our great basketball 

 5   program we have at St. Francis School for the 

 6   Deaf, and for Maria, who is doing a phenomenal 

 7   program there for the community.  And welcome to 

 8   Albany.

 9                ACTING PRESIDENT GRIFFO:   The 

10   resolution was previously adopted on May 15th of 

11   2018.  

12                It is open for cosponsorship, at the 

13   request of Senator Peralta.  Should you choose to 

14   be a cosponsor, please notify the desk.

15                On behalf of the Senate, we want to 

16   recognize all of the students from the Lexington 

17   School for the Deaf and the St. Francis School 

18   for the Deaf.  We appreciate you being here, and 

19   we extend all the privileges and the courtesies 

20   of the Senate to you today.  

21                Thank you for being here.  Please 

22   stand and be recognized.

23                (Standing ovation.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   DeFrancisco.


                                                               2887

 1                SENATOR DeFRANCISCO:   Yes, can we 

 2   now take up the reading of the noncontroversial 

 3   calendar.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   385, by Senator Croci, Senate Print 5642A, an act 

 8   to amend the New York State Urban Development 

 9   Corporation Act.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect one year after it shall 

14   have become a law.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   467, by Senator Croci, Senate Print 957A, an act 

23   to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2888

 1                THE SECRETARY:   Section 4.  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, 60.  Nays, 2.  

 7   Senators Alcantara and Montgomery recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   619, by Senator Croci, Senate Print 955, an act 

13   to amend the Penal Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   In relation to 

22   Calendar 619, those recorded in the negative are 

23   Senators Montgomery and Sepúlveda.  

24                Ayes, 60.  Nays, 2.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2889

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   774, by Senator Ortt, Senate Print 255, an act to 

 4   amend the Education Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   779, substituted earlier by Member of the 

17   Assembly DenDekker, Assembly Print 4827A, an act 

18   to amend the Executive Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2890

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   818, by Senator Croci, Senate Print 927, an act 

 6   to amend the Penal Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.  Nays, 3.  

15   Senators Benjamin, Gianaris and Montgomery 

16   recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   839, by Senator Ortt, Senate Print 733, an act to 

21   amend the Military Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               2891

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   840, by Senator Croci, Senate Print 944, an act 

 9   to amend the Military Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  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:   Announce 

18   the results.

19                THE SECRETARY:   In relation to 

20   Calendar 840, those recorded in the negative are 

21   Senators Comrie, Gianaris, Krueger, Montgomery, 

22   Persaud, Rivera and Stavisky.

23                Ayes, 55.  Nays, 7.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2892

 1                THE SECRETARY:   Calendar Number 

 2   841, by Senator Robach, Senate Print 1013A, an 

 3   act to amend the Domestic Relations Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  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, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   842, by Senator Ranzenhofer, Senate Print 2319, 

16   an act to amend the Domestic Relations Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect on the 120th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2893

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   843, by Senator Ortt, Senate Print 2921A, an act 

 4   in relation to. 

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   844, by Senator Akshar, Senate Print 3571, an act 

17   to amend the Parks, Recreation and Historic 

18   Preservation Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2894

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   845, by Senator Ranzenhofer, Senate Print 3709, 

 6   an act to amend the Elder Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   846, by Senator Ranzenhofer, Senate Print 5158, 

19   an act to amend the Private Housing Finance Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 30th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2895

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   848, by Senator Young, Senate Print 6606, an act 

 7   to amend the Military Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the 180th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1074, by Senator Hannon, Senate Print 2813, an 

20   act to amend the Military 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 


                                                               2896

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1086, by Senator Marchione, Senate Print 216, an 

 8   act to amend the Executive 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, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1087, by Senator Ortt, Senate Print 254, an act 

21   to amend the Education Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2897

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1088, by Senator Young, Senate Print 854, an act 

 9   to 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:   In relation to 

18   Calendar 1088, those recorded in the negative are 

19   Senators Krueger, Sepúlveda and Serrano.

20                Ayes, 59.  Nays, 3.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                Senator DeFrancisco, that completes 

24   the noncontroversial reading of today's active 

25   list before the house.


                                                               2898

 1                SENATOR DeFRANCISCO:   In that case, 

 2   I am calling an immediate meeting of the Rules 

 3   Committee in Room 332.

 4                ACTING PRESIDENT GRIFFO:   There 

 5   will be an immediate meeting of the Rules 

 6   Committee in Room 332.

 7                SENATOR DeFRANCISCO:   And also an 

 8   immediate meeting of the Corporations Committee 

 9   in Room 124.

10                ACTING PRESIDENT GRIFFO:   There 

11   will be an immediate meeting of the Corporations 

12   Committee in Room 124.  Rules Committee in 332.  

13                The Senate is at ease.

14                (Whereupon, the Senate stood at ease 

15   at 4:03 p.m.)

16                (Whereupon, the Senate reconvened at 

17   4:10 p.m.)

18                ACTING PRESIDENT GRIFFO:   The 

19   Senate will come to order.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Yes, is there 

22   a report of the Rules Committee at the desk?

23                ACTING PRESIDENT GRIFFO:   There is 

24   a Committee on Rules report at the desk, and the 

25   Secretary will read.


                                                               2899

 1                THE SECRETARY:   Senator Flanagan, 

 2   from the Committee on Rules, reports the 

 3   following bills:  

 4                Senate Print 198, by Senator 

 5   Marchione, an act to amend the Military Law; 

 6                Senate 199, by Senator Marchione, an 

 7   act to amend the Military Law; 

 8                Senate 200A, by Senator Marchione, 

 9   an act to amend the Executive Law; 

10                Senate 1011, by Senator Robach, an 

11   act to amend the Education Law; 

12                Senate 1124A, by Senator Marchione, 

13   an act to amend the Executive Law; 

14                Senate 2189, by Senator Parker, an 

15   act to amend the Public Housing Law; 

16                Senate 3336, by Senator Bailey, an 

17   act to amend the Real Property Tax Law; 

18                Senate 3675A, by Senator Addabbo, an 

19   act to amend the Tax Law; 

20                Senate 3879A, by Senator 

21   Ranzenhofer, an act to amend the Executive Law; 

22                Senate 3906, by Senator Griffo, an 

23   act to amend the Executive Law; and 

24                Senate 7870, by Senator Helming, an 

25   act establishing.


                                                               2900

 1                All bills reported direct to third 

 2   reading.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Move to 

 6   accept the report of the Rules Committee.

 7                ACTING PRESIDENT GRIFFO:   All in 

 8   favor of accepting the Committee on Rules report 

 9   signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The Rules 

14   report is accepted and before the house.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   We now have 

17   Senate Supplemental Calendar 43A, which consists 

18   of all the bills that just were reported out of 

19   the Rules Committee.  I'd ask that you do the 

20   noncontroversial reading of that calendar.

21                ACTING PRESIDENT GRIFFO:   Senate 

22   Supplemental Calendar 43A is before the house, 

23   and the Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   1169, by Senator Marchione, Senate Print 198, an 


                                                               2901

 1   act to amend the Military Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect on the 120th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1170, by Senator Marchione, Senate Print 199, an 

14   act to amend the Military Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the 120th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2902

 1   1171, by Senator Marchione, Senate Print 200A, an 

 2   act to amend the Executive Law.

 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, 62.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1172, by Senator Robach, Senate Print 1011, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2903

 1                THE SECRETARY:   Calendar Number 

 2   1173, by Senator Marchione, Senate Print 1124A, 

 3   an act to amend the Executive 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, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1174, by Senator Parker, Senate Print 2189, an 

16   act to amend the Public Housing Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 90th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2904

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1175, by Senator Bailey, Senate Print 3336, an 

 4   act to amend the Real Property Tax Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of January.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Bailey to explain his vote.

14                SENATOR BAILEY:   Thank you, 

15   Mr. President.  

16                Also, it would be remiss for me to 

17   not thank all the vets in this house on this 

18   Veterans Hall of Fame Day.  

19                I thank you and salute you all for 

20   your service.  And freedom truly isn't free.  And 

21   I would not be able to sit here today, as 

22   somebody who's never served a day in the 

23   military, without everything you've done.  So 

24   thank you all.

25                I thank my colleagues for voting for 


                                                               2905

 1   this piece of legislation because, in a day and 

 2   time when we are unsure about what property tax 

 3   deductions we can take, our veterans deserve a 

 4   break.  And right now, if you're a veteran who's 

 5   served in wartime, you get a 15 percent break on 

 6   your property taxes.  And if you've served in a 

 7   combat zone, you get a 10 percent.  

 8                But what happens if you are a 

 9   husband and wife who have both served honorably, 

10   and you both are equivalent?  There's no credence 

11   given to that household, to both members serving 

12   our country very well.  

13                So this piece of legislation would 

14   be able to increase it by half of the respective 

15   number.  So if you served in wartime, 

16   22.5 percent, and in a combat zone, 15 percent.  

17                As Senator Addabbo so aptly put it 

18   earlier, you know, we can speak all we want about 

19   our veterans, but we need to actually show them 

20   that we're doing something.  And my Veterans Hall 

21   of Fame nominee, Director of Veterans Services of 

22   Mt. Vernon Kristyn Reed, and her husband, Larry, 

23   actually, as it would be, both served, and they 

24   would benefit from this.  So it's apropos that we 

25   introduce this on this day of the Veterans Hall 


                                                               2906

 1   of Fame.  

 2                I thank all my colleagues for their 

 3   support.  I vote aye, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Bailey to be recorded in the affirmative.  

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 62.  

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1176, by Senator Addabbo, Senate Print 3675A, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  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, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1177, by Senator Ranzenhofer, Senate Print 3879A, 

25   an act to amend the Executive Law.


                                                               2907

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1178, by Senator Griffo, Senate Print 3906, an 

13   act to amend the Executive Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  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, 62.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1179, by Senator Helming, Senate Print 7870, an 


                                                               2908

 1   act establishing.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  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, 62.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                Senator DeFrancisco, that completes 

13   the noncontroversial reading of today's Senate 

14   Supplemental Calendar 43A.

15                SENATOR DeFRANCISCO:   Yes, on 

16   behalf of Senator Flanagan, I hand up the 

17   following committee assignments.

18                ACTING PRESIDENT GRIFFO:   The 

19   committee assignments are received and so ordered 

20   to be filed.

21                SENATOR DeFRANCISCO:   There will be 

22   an immediate meeting of the Codes Committee in 

23   Room 124, and an immediate meeting of the EnCon 

24   Committee in Room 308.

25                ACTING PRESIDENT GRIFFO:   Immediate 


                                                               2909

 1   meeting of the EnCon Committee in Room 308, and 

 2   Codes in Room 124, following session.

 3                SENATOR DeFRANCISCO:   Is there any 

 4   further business at the desk?

 5                ACTING PRESIDENT GRIFFO:   There is 

 6   no further business at the desk.

 7                SENATOR DeFRANCISCO:   There being 

 8   none, I move to adjourn until Wednesday, 

 9   May 16th, at 11:00 a.m.

10                ACTING PRESIDENT GRIFFO:   On 

11   motion, the Senate will stand adjourned until 

12   Wednesday, May 16th, at 11:00 a.m.  

13                The Senate is adjourned.

14                (Whereupon, at 4:16 p.m., the Senate 

15   adjourned.)

16

17

18

19

20

21

22

23

24

25