Gaveled in 3:15 PM · Albany, New York · 2011–12 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 20, 2012
3:15 p.m.
REGULAR SESSION
SENATOR JOSEPH A. GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with us as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be given by Father Thomas Lutz, from St. Augustine Church in Highland, New York.
Father?
FATHER LUTZ:Let us pray.
Almighty God, who governs the nation with justice, love, and compassion, bless our State Senators with wise and prudent counsel to enact laws for the common good of all our citizens.
Bless them with patience, wisdom, understanding and mutual respect for all whom they serve. Bless their families who love and support them.
Bless our Governor and all state lawmakers and Senate staff.
Bless and protect those serving in the armed forces throughout the world and make them instruments of your peace.
We offer these prayers through Your most holy name. Amen.
ACTING PRESIDENT GRIFFO:Thank you, Father.
The reading of the Journal.
THE SECRETARY:In Senate, Monday, March 19th, the Senate met pursuant to adjournment. The Journal of Sunday, March 18th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time may we please adopt the Resolution Calendar, with the exception of Resolution Numbers 3635, 3670, 3684, and 3687.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar with the exception of resolutions 3635, 3670, 3684, and 3687 signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time I believe there's a resolution at the desk by Senator Ball, Number 3687. He would like it read in its entirety and then move for its immediate adoption.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3687, by Senator Ball, commemorating the 75th anniversary of the Wildlife and Sportfish Restoration Program, America's greatest conservation story.
"WHEREAS, More than a century ago, hunters, anglers and trappers were among the first conservationists who realized America's natural resources were in peril and could not sustain unregulated harvest and habitat destruction; and
"WHEREAS, Hunters, anglers and trappers took it upon themselves to support laws that stopped excessive harvest of fish and wildlife, established game and fish agencies to protect fish, wildlife and their habitat, and supported special fishing and hunting license fees to help fund the new agencies' efforts to provide for healthy natural resources for future generations; and
"WHEREAS, This Legislative Body, then and now, recognizes the primary authority to protect and manage fish and resident wildlife within their borders resides in the state fish and wildlife agencies; and
"WHEREAS, Upon realizing that license fees alone were insufficient to restore and sustain healthy fish and wildlife populations, hunters, anglers and trappers supported excise taxes on firearms, ammunition, archery equipment, hunting equipment, and fishing equipment to raise additional funds to support restoration and enhancement efforts of the state agencies; and
"WHEREAS, This user pay-public benefit system became known as the Wildlife and Sport Fish Restoration Program that began 75 years ago with the passage of the Federal Aid in Wildlife Restoration Act in 1937, and then was bolstered with the passage of the Federal Aid in Sportfish Restoration Act in 1950, further expanded with the Wallop-Breaux amendment to the Sportfish Restoration Act in 1984; and
"WHEREAS, The combined contribution of the Wildlife and Sportfish Restoration Programs to state fish and wildlife agencies exceeds $13 billion since 1939, the first year money was distributed to the states -- more than any other single conservation effort in American history -- which constitute, collectively, the American System of conservation funding; and
"WHEREAS, The manufacturers of firearms, ammunition, hunting, fishing, and boating equipment have collected excise taxes on firearms, ammunition, archery equipment, manufactured fishing tackle, electric trolling motors, marine electronics and motorboat fuel and distributed these funds to the states through the U.S. Fish and Wildlife Service; and
"WHEREAS, The manufacturers of firearms, ammunition, hunting, fishing, and boating equipment have supported the Wildlife and Sportfish Restoration Programs and continue to exhibit a spirit of cooperation with the state fish and wildlife agencies; and
"WHEREAS, This cooperative partnership between industry, hunters, anglers, trappers, boaters, recreational shooters, the U.S. Fish and Wildlife Service and state natural resource agencies has resulted in the most successful model of fish and wildlife management in the world, restoring populations from coast to coast, Alaska and Hawaii; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 75th Anniversary of the Wildlife and Sportfish Restoration Program, America's greatest conservation story, and to recognize America's hunters, anglers, trappers, boaters, recreational shooters, industry, state fish and wildlife agencies, and the U.S. Fish and Wildlife Service for their leading role in restoring healthy populations of fish, wildlife and other natural resources; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the New York State Department of Environmental Conservation."
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, Senator Ball would like to open this resolution for cosponsorship. May we please ask everyone who does not want to be a cosponsor to let the desk know. Otherwise, all members will be put on the resolution as a cosponsor.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. If you choose not to, please notify the desk.
Senator Libous.
SENATOR LIBOUS:I believe there's a resolution at the desk by Senator Flanagan, Number 3684. At this time we ask that the title be read and we move for its immediate adoption.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3684, by Senator Flanagan, welcoming Dowling College students Danielle Cirimello, Jonathan Curley, and Andrew Bush as they visit, Albany New York, and commending them for participating in state government.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Senator Flanagan on the resolution.
SENATOR FLANAGAN:Thank you, Mr. President. Just very briefly.
We have three young students with us today who are involved in aviation management and those types of issues, and we're proud to have them here. They're advocating on budgetary issues and educational issues, and it's a good, positive part of not only the education process but the budget process that we're all engaged in right now.
So I just want to extend a warm welcome to them as they visit the State Capitol today. Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Flanagan.
We do extend a warm welcome and extend the courtesies of the house.
Senator McDonald.
SENATOR MCDONALD:Thank you, Mr. President.
I'm very proud to have one of my own constituents, Jonathan Curley, from Troy, New York, my hometown. He is working on his bachelor of science degree in aviation management. An outstanding student, an outstanding member of our community. And we're proud that he's down here learning about the government.
Thank you. Nice to have you here.
ACTING PRESIDENT GRIFFO:Thank you, Senator McDonald.
Senator LaValle.
SENATOR LaVALLE: Thank you, Mr. President.
I had an opportunity to teach at Dowling College for five years in the MBA program, and the students there were just absolutely terrific, energetic.
I have Andrew Bush here from Mastic. And, Andrew, I looked at your GPA and you are doing phenomenal. I don't know what you did not to have a 4.0, but just try and correct that.
I congratulate the students for getting involved in government, being here today and understanding what we're all about.
And thank you, Senator Flanagan, for your efforts to bring the students here.
ACTING PRESIDENT GRIFFO:Thank you, Senator LaValle.
Are there any in opposition to the resolution?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Senator Flanagan would also like to open this resolution to all of the house. If members wish not to cosponsor, they should let the desk know.
ACTING PRESIDENT GRIFFO:The resolution is open up to all members of the house. If you choose not to be a cosponsor, please notify the desk.
And once again, we extend our courtesies of the house and welcome all of these distinguished visitors.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's a resolution at the desk by Senator Carlucci, Number 3635. I ask that the title be read and then call on Senator Carlucci before its adoption.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3635, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim March 2012 as Brain Injury Awareness Month in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Carlucci.
SENATOR CARLUCCI:Thank you, Mr. President.
Today I rise to ask Governor Cuomo to proclaim the month of March as Brain Injury Awareness Month.
Not too long ago I had the great privilege and honor to meet a woman named Mary Ellen Pesci. Unfortunately, she passed away just a few short weeks ago. She was the victim of a drunk driving accident a couple of decades ago, and she spent her life advocating towards the cause of helping people that suffer from brain injuries, the trauma of brain injuries -- and not only those individuals, but the families that suffer as well.
Each year traumatic brain injury affects about 1.7 million people in the United States. Of that, we're talking about some 500,000 children. This can be caused by a fall, by a car crash, a workplace accident, assaults, and many other instances as well.
The consequences of such an injury are serious and life-threatening, particularly for the 3.1 million individuals that have lived with lifelong disabilities. Thousands more will be hospitalized, visit an emergency room, and sadly some will even lose their lives.
Unfortunately, not enough understanding and attention is paid to this serious healthcare crisis. For many, brain injury is the start of a lifelong disease, affecting not just victims but weighing down on their families and loved ones.
And even more startling is the cost associated to treat this dreadful disease. According to the Center for Disease Control, it costs about $73 billion a year to treat these diseases.
These facts speak to all of us that we must do everything in our ability to reduce the number of victims that suffer through this trauma. It begins with all of us -- parents, athletes, coaches, teachers and all professionals -- to make prevention a priority and to teach people about how to live with traumatic brain injury.
Mr. President, I thank you and I urge my colleagues' support in urging Governor Cuomo to proclaim the month of March as Brain Injury Awareness Month.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Carlucci.
All in favor of the resolution signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, again, Senator Carlucci would ask that if all members would like to go on the resolution, so be it. If you choose not to, let the desk know.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. If you choose not to, please notify the desk.
Senator Libous.
SENATOR LIBOUS:I believe there's a resolution at the desk by Senator Stewart-Cousins, Number 3670. I ask that the title be read, and I believe Senator Stewart-Cousins would like to be called on before its adoption.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3670, congratulating the Yonkers Gladiators Junior Midgets Football Team and Head Coach Ralph McKenly upon the occasion of capturing the United Youth Tackle League National Championship.
ACTING PRESIDENT GRIFFO:Senator Stewart-Cousins.
SENATOR STEWART-COUSINS:Thank you, Mr. President.
As you can hear from the title, the name of the team is the Yonkers Gladiators Junior Midgets Football Team. But in this nation they are by no means midgets, they are champions.
They come out of the Nepperhan Community Center, which is located in Yonkers. It's located in an area of Yonkers that very often has attention but the attention that comes with gang violence, the attention that comes with difficult circumstances. And the Nepperhan Community Center has been a beacon under the leadership of Dr. Bostic.
Eight years ago the Nepperhan Community Center decided to belong to the United Youth Football League. It is, again, a national organization, but it's not high school, it's not a college. It is a league that promotes college entry through discipline, through family support, through community support, through excellence. It allows youth to become competitive on the football team and for young girls and whoever else wants to be cheerleaders to cheer.
And eight years ago when this group decided to be part of the United Football League, they didn't even have uniforms. Many here were helpful in supporting them to get uniforms so that when they appeared on the field, they could look like everybody else.
And appear on the field they did. With the help of their head coach Ralph McKenly, who is a skilled and inspirational leader, with the other coaches, Michael Bailey, Garfield Heslop, and Masai Ali, they took the team to third place three years ago and to first place in the nation this year.
So in an area where unfortunately the negative gets attention, in a place where sometimes great achievements are ignored, we wanted these national champions to come here and to get the respect and accolades that are due young people who have become disciplined teammates, champions, and leaders who are focused on family, each other, excellence, and education to be honored by the state.
We have with us Gavin, we have both Maliks, we have Terrell and Rasheed, we have Deondre, we have Steve and Paul, Olvin, Julian, Tajay, William, we have both Noahs, Levert, Yemisi, Diamonte, Stephone, and Deanthone here with us.
So we congratulate each and every one of you for putting Yonkers on the map, for being champions, being leaders and, although you are Midgets, giants. Congratulations.
(Applause.)
ACTING PRESIDENT GRIFFO:Thank you, Senator Stewart-Cousins.
We extend a warm welcome and our congratulations to all of you today.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Senator Stewart-Cousins, would you like to open up the resolution?
SENATOR STEWART-COUSINS:Please, Senator.
SENATOR LIBOUS:Obviously, because I see a couple of future New York Giants up there. Absolutely.
The Senator would like to open it up. Any member who wishes not to be on the resolution, please let the desk know.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. If you choose not to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Mr. President, if you could at this time call on Senator Smith, he would like to speak on one of the previously adopted resolutions.
ACTING PRESIDENT GRIFFO:Senator Smith.
SENATOR SMITH:Yes, thank you very much, Mr. President. Very briefly.
I know we honor special individuals every day. Senator Stewart-Cousins obviously honored what we all conclude to be very giants in our community.
There's a young lady by the name of Betty Mallory. Many members in this chamber may not know her. I'm sure Senator Huntley knows her. Some of my Queens colleagues -- Senator Peralta and Senator Addabbo -- may know her as well.
She is a very special young lady, very involved in our community, is just a person that is one of our unsung heroes. And I just want to have the opportunity this morning, Mr. President, to say a word for her on one of the most majestic State Senate floors in this country.
So thank you very much, Mr. President, for that honor.
ACTING PRESIDENT GRIFFO:Thank you, Senator Smith.
Senator Libous.
SENATOR LIBOUS:Mr. President, as we are still on motions, if you could call on Senator Breslin, I think he has something to say.
ACTING PRESIDENT GRIFFO:Senator Breslin.
SENATOR BRESLIN:Thank you, Mr. President.
On behalf of Senator Duane, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Numbers 2774 and 2922.
ACTING PRESIDENT GRIFFO:So ordered.
SENATOR BRESLIN:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:At this time could we have the reading of the noncontroversial calendar, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 208, by Senator Hannon, Senate Print 1465A --
SENATOR BRESLIN:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay it aside.
THE SECRETARY:Calendar Number 240, by Senator Hannon, Senate Print 6493A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 334, by Senator Farley, Senate Print 4100A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR BRESLIN:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay it aside.
THE SECRETARY:Calendar Number 342, by Senator Fuschillo, Senate Print 5232, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Montgomery and Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 347, by Senator Young, Senate Print 4020B, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 351, by Senator Gallivan, Senate Print 6061, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 360, by Senator Hannon, Senate Print 6550A, an act to authorize the assessor of the County of Nassau.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 4. Senators Bonacic, Larkin, O'Mara and Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 362, by Senator Johnson, Senate Print 6611, an act to authorize the assessor of the Town of Islip.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 4. Senators Bonacic, Larkin, O'Mara and Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the calendar.
SENATOR LIBOUS:Mr. President, could we have the controversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 208, by Senator Hannon, Senate Print 1465A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR BRESLIN:Explanation.
ACTING PRESIDENT GRIFFO:An explanation has been requested, Senator Hannon.
SENATOR HANNON:Thank you, Mr. President.
This is my legislation to amend the Real Property Tax Law in an attempt to introduce efficiency and economy into the state and local government.
Currently we have a system that if an eligible owner of property purchases that property and is eligible for a tax exemption but has purchased it during the course of the middle of a taxing year, a real property taxing year, they would have to pay property tax even though they're eligible for an exemption.
Each year dozens upon dozens of these eligible owners, people who are churches or charitable organizations, petition the Legislature and have individual bills passed so that that owner can go to the local assessor and say "I really was eligible, I met the criteria under the Real Property Tax Law for tax exemption, and I owned it at this given point in time." And the assessor says, "Well, I've looked at all those facts, I agree, I'll grant you an exemption."
What this legislation would do, it would say you no longer have to make this trip to Albany, you no longer have to incur the printing of thousands of pieces of paper for each of the copies of the bill, and you no longer have to then turn around and go back to the assessor and make that application.
You can go to the assessor if the local government has adopted a local law to allow for this process and make that application directly to the assessor.
It doesn't change the criteria that's in the State Constitution and the state Real Property Tax Law for eligibility for an exemption. And it doesn't change the criteria which is that the property actually be used for a tax-exempt purpose. What it simply does is avoid needless paperwork and needless time and expense.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hannon.
Is there any other Senator wishing to be heard?
Seeing none, hearing none, the debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 334, by Senator Farley, Senate Print 4100A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first --
ACTING PRESIDENT GRIFFO:Senator Perkins, why do you rise?
An explanation is requested? Senator Farley.
SENATOR LIBOUS:Mr. President -- Mr. President, just hang on a second here.
ACTING PRESIDENT GRIFFO:Sure.
SENATOR LIBOUS:Mr. President, I believe you should call on Senator Perkins.
ACTING PRESIDENT GRIFFO:Senator Perkins.
SENATOR PERKINS:Thank you, Mr. President.
I believe there's an amendment at the desk. I ask that the reading of the amendment be waived and that I may be heard on the amendment.
ACTING PRESIDENT GRIFFO:The reading of the amendment is waived, and you may be heard on the amendment, Senator Perkins.
SENATOR PERKINS:Thank you very much.
This amendment will open the doors of opportunity for many youth who dream of going to college but can't afford it and are denied access to financial help because they are undocumented. I'm talking about the DREAM Act.
And how will this be accomplished? The amendment provides access to state financial aid --
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Is Senator Perkins' amendment germane to the bill that's before us?
ACTING PRESIDENT GRIFFO:Senator Perkins, we are on Senator Farley's bill dealing with libraries' access to Employment Preparation Education funds. So you may be heard as an amendment to that particular bill.
SENATOR PERKINS:I appeal the decision of the chair.
ACTING PRESIDENT GRIFFO:There's no reason to appeal right now, Senator Perkins. I'm just telling you that your amendment is not -- are you --
SENATOR PERKINS:The amendment provides access to state financial aid for --
ACTING PRESIDENT GRIFFO:Okay, Senator Perkins --
SENATOR PERKINS:Yes, sir.
ACTING PRESIDENT GRIFFO:-- in accordance with Rule 4, Section 4B, your amendment is nongermane based upon what you are discussing right now.
SENATOR PERKINS:I want to appeal the ruling of the chair.
ACTING PRESIDENT GRIFFO:Very good, Senator Perkins. We will have an appealing on the ruling of the chair. All those in favor --
SENATOR PERKINS:Now I'd like to be heard.
SENATOR LIBOUS:Mr. President.
SENATOR PERKINS:My amendment to Senator Farley's bill is germane.
ACTING PRESIDENT GRIFFO:Senator Perkins -- Senator Perkins, one second, please.
Senator Libous, why do you rise?
SENATOR LIBOUS:Because Senator Perkins can be heard on his appeal, on the appeal of the chair, before we take it to a vote.
ACTING PRESIDENT GRIFFO:Senator Perkins, I will allow you to be heard on the appeal of the ruling of the chair.
SENATOR PERKINS:My amendment to Senator Farley's bill is germane.
I would also like to point out what has been a disturbing pattern on the part of the majority of stifling debates on important issues on this floor and in this state.
My amendment is germane for the following reasons. One, the amendment deals with the same subject matter as the underlying bill in the following respects. (A) Both Senator Farley's bill and the provisions of my amendment propose changes to the State Education Law.
Secondly, Senator Farley's bill proposes to set aside $3 million in public monies for public libraries to augment educational services like GED courses, English as a second language classes, information technology skills, job readiness workshops, and financial literacy classes through Employment Preparation Education funds.
The services of public libraries are available to anyone who possesses a library card, including undocumented individuals who can establish residency in the State of New York.
As such, my amendment and Senator Farley's bill both expand access to state funding for education with the purpose of facilitating employment opportunities. Both expansions have the same goal of stimulating economic growth by developing a better-educated workforce.
ACTING PRESIDENT GRIFFO:Senator Perkins, your comments need to be germane to the ruling now. You're questioning the process here, you're getting into substance.
So I am going to call the question. Senator Perkins, in accordance with Rule 3-1, we have to deal with the procedures of the chair, so I have allowed you some discretion there. I am now going to call the question.
All those in favor of overruling the appeal of the chair say aye.
SENATOR BRESLIN:Mr. President, point of order.
ACTING PRESIDENT GRIFFO:Senator Breslin, why do you rise?
SENATOR BRESLIN:Mr. President, the petitioner is allowed to explain why he believes this petition is germane. And he's being denied that right to explain that.
ACTING PRESIDENT GRIFFO:Senator Breslin, I am allowing him to have that opportunity, but he must stick to procedures. He is now beginning to stray into substantive commentary, and that is not allowed under this procedure and the rules that govern us.
Senator Breslin, the --
SENATOR BRESLIN:Excuse me, the rules call --
ACTING PRESIDENT GRIFFO:Senator Breslin, under Rule 3-1 that prerogative and responsibility and authority is given to the chair, and the chair has made a ruling.
So I have asked that he confine his comments to the specifics of the procedures here that he is challenging. He has done that, so I'm going to call the question now.
SENATOR BRESLIN:Germaneness is substance.
ACTING PRESIDENT GRIFFO:Senator Breslin, I have made the ruling. And I would be happy to clarify the difference later, but right now we're going to call the question.
All those in favor of overruling --
SENATOR PERKINS:Mr. President, point of order.
ACTING PRESIDENT GRIFFO:Senator Perkins, what is your point of order?
SENATOR PERKINS:It appears that Senate Rule 9 allows me to explain the germaneness of --
ACTING PRESIDENT GRIFFO:I am allowing you that. I am allowing you that.
SENATOR PERKINS:I have up to 30 minutes, I believe, to make that -- under the Senate rules, I have up to 30 minutes.
ACTING PRESIDENT GRIFFO:Senator Perkins, but it must be germane to the specifics of the challenge of the ruling of the chair. And that is a procedural ruling.
And you are not sticking to procedure now, you are talking about another piece of legislation which the chair -- your amendment, which the chair has ruled nongermane to the specific legislation that appears before this body.
SENATOR PERKINS:If there is a particular instance in which that may be the case. I'd like to continue, nevertheless, to establish the germaneness.
And the amendment neither unreasonably expands the object or subject of the underlying bill, nor does it change the purpose, scope or object of the original bill. The purpose and scope of the bill, if amended as I propose, would remain to invest in the educational future of residents of our state in order to prepare them to become economically productive members of our society.
Had the bill been originally introduced as I propose it now --
ACTING PRESIDENT GRIFFO:Senator Perkins --
SENATOR LIBOUS:Mr. President, point of order.
ACTING PRESIDENT GRIFFO:Senator Libous, why do you rise?
SENATOR LIBOUS:Senator Perkins, in all due respect, is not on the subject of the appealing of the ruling of the chair. He is on specific legislation that is not before the house that he is talking about.
If he wishes to speak, as the rules state, on why is he appealing -- without talking about specifics of a piece of legislation -- he can do that. But, Mr. President, he is not doing that.
ACTING PRESIDENT GRIFFO:Your point is well-taken, Senator Libous.
Senator Perkins --
SENATOR PERKINS:Point of order.
SENATOR BRESLIN:Mr. President --
ACTING PRESIDENT GRIFFO:Senator Perkins, one at a time.
Senator Breslin has -- Senator Perkins has the floor. Leader Breslin has risen. Do you have a point of order to state, Senator Breslin?
SENATOR BRESLIN:I would just again reiterate, in determining which of the tests to apply, the presiding officer first determines the nature and scope of the proposition being amended and then the relationship of the amendment being offered to the text of the original bill.
ACTING PRESIDENT GRIFFO:Senator Breslin, it's already been ruled nongermane. The amendment that Senator Perkins was discussing eliminates the --
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous, why do you rise?
SENATOR LIBOUS:Well, Mr. President, to Senator Breslin's point.
You've already ruled it nongermane. What is before the house right now is the appeal of the ruling. And Senator Perkins certainly has a right to discuss his objection to the appeal of the ruling, but he does not have the right under Senate rules to talk specifics about a specific bill that is not before the house.
ACTING PRESIDENT GRIFFO:Your point is well-taken, Senator Libous.
I will reiterate again, Senator Perkins, that you must stick to the procedure relative to the ruling that was made and why you feel the ruling was inappropriate. You cannot go back on the amendment that was ruled nongermane. That is clear.
SENATOR PERKINS:Mr. President, I believe that I still have more time to --
ACTING PRESIDENT GRIFFO:You have time, but you must stick to procedures.
SENATOR PERKINS:I'd like to take it without interruption, if possible. But the --
ACTING PRESIDENT GRIFFO:Senator Perkins, if you stay germane to why you are appealing the ruling of the chair, I will allow it.
If you stray from that, I will tell you that you're out of order and call the vote.
Senator Perkins.
SENATOR PERKINS:Thank you very much. I will continue.
So had the bill been originally introduced as I propose it now to be amended, it would still have required consideration by the same standing committee that reported the underlying bill. Either form of the bill in its original print, or as I would have it amended, would have been considered by the Standing Committee on Education.
For the foregoing reasons, the amendment I'm offering today is germane to Senator Farley's bill currently under consideration.
ACTING PRESIDENT GRIFFO:Senator Perkins, may I call the question?
All those in favor of overruling the decision of the chair please say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Those opposed?
(Response of "Nay.")
ACTING PRESIDENT GRIFFO:Senator Breslin, why do you rise? Senator Breslin, why do you rise?
SENATOR BRESLIN:I would request a show of hands and a counting of the show of hands.
ACTING PRESIDENT GRIFFO:A show of hands has been requested.
(Senators raised their hands.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 27.
ACTING PRESIDENT GRIFFO:The ruling of the chair stands.
We may now go to the bill.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of September.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Farley to explain his vote.
SENATOR FARLEY:Thank you, Mr. President.
Senator Perkins, I just want to today say that your amendment may have a lot of merit, but it should stand alone as itself.
This bill is a major priority of the New York State Library Association, a very meaningful bill that has passed this bill 62 to nothing. And the public libraries would receive $3 million for competitive grants. And it's very, very significant.
And I would ask all of my colleagues to support this because the library community is very much in favor of it, District Council 37 is supporting it, CSEA is supporting it, the City of Rochester Library Workers Local 828, the Library Association of Buffalo and Erie Counties, and of course NYSUT, and the New York State School Boards has no objection.
I urge a yes vote.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Farley to be recorded in the affirmative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:First, I want to commend Senator Farley for this bill.
And I'd also like to commend Senator Perkins for his valiant attempt to raise another important issue that is so closely related to this bill that I think this bill -- which is a very good one, and which I will support today -- would have been even better.
You know, the great thing about Senator Farley's bill is he is expanding educational opportunity, expanding the opportunity for folks to make a better life for themselves, very broadly and I think without exception at the libraries with this bill.
With Senator Perkins' amendment, this bill would have gone even farther and would have expanded opportunity all the way to college for folks who have a dream, folks who broke no law themselves and who want to get a college education so they can be successful members of society.
So I think it's a real shame that yet again it is almost impossible to have an open debate on important issues here on the floor of the State Senate. Yet again there is an attempt to stifle robust debate, an attempt to hide from certain issues rather than address them fully.
However, I do want to commend my two colleagues who together have really put forward a package of expanded opportunity that I wish we could be discussing. It's important.
And I vote aye on Senator Farley's bill.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the affirmative.
Senator Perkins to explain his vote.
SENATOR PERKINS:Thank you very much.
I'm going to be supporting Senator Farley's bill. Nevertheless, I still believe that the amendments that I offered were germane, would have made for I think a better bill that would have been more inclusive, especially of those undocumented immigrants who fall into the criteria that this bill establishes.
Nevertheless, again, I'm going to support the bill and look forward to when we can fully debate the merits of the DREAM Act.
ACTING PRESIDENT GRIFFO:How do you vote, Senator Perkins?
SENATOR PERKINS:Aye.
ACTING PRESIDENT GRIFFO:Senator Perkins will be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time could we return to the reports of standing committees.
I believe there's a report of the Finance Committee at the desk. Could we please have it read.
ACTING PRESIDENT GRIFFO:Reports of standing committees.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following bill:
Senate Print 6252, Budget Bill, an act making appropriations.
The bill is reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, I move to accept the report of the Finance Committee.
ACTING PRESIDENT GRIFFO:All in favor of accepting the report of the Finance Committee say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Finance Committee report is accepted.
SENATOR LIBOUS:As soon as the calendars are handed out, Mr. President, we will proceed to the noncontroversial reading of the supplemental calendar.
ACTING PRESIDENT GRIFFO:Senator Krueger, why do you rise?
SENATOR KRUEGER:I think I have a point of --
ACTING PRESIDENT GRIFFO:May I have some order in the chamber, please.
SENATOR KRUEGER:Thank you.
It's a point of order that I need a little clarification. Are we moving a bill from Finance directly to the floor, skipping the Rules Committee, or are we going to have a Rules Committee?
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, we are. And it's because it's a budget bill, we don't need a Rules Committee. It's a procedure that we've followed in this house for years.
SENATOR KRUEGER:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
SENATOR LIBOUS:Mr. President, I believe everyone has the supplemental calendar at this time.
ACTING PRESIDENT GRIFFO:The Secretary will read.
SENATOR LIBOUS:Thank you.
THE SECRETARY:Calendar Number 376, Senate Print 6252, Budget Bill, an act making appropriations.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR LIBOUS:There being no further business, I move we adjourn until Wednesday, March 21st, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Wednesday, March 21st, at 11:00 a.m.
Senate adjourned.
(Whereupon, at 4:03 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.